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Full text of "Ordinances and resolutions of the mayor and City Council of Baltimore. "

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Ordinances and Resolutions 



of the 



Mayor and City Council 



of Baltimore 



Passed at the Annual Session 1997-1998 




Published by 

Baltimore City Department of Legislative Reference 

Avery Aisenstark, Director 

Nancy Boyd Ray, Legislative Editor 

Maryland Cole, Staff Attorney 



Volume 1 



Mayor and City Council of Baltimore 
Department of Legislative Reference 



Copyright © 1999 

The Mayor and City Council of Baltimore 
Department of Legislative Reference 



Explanation of symbology 

Capitals indicate matter added to existing law. 
[Brackets] indicate matter deleted from existing law. 
Underlining indicates matter added to the bill by amendment. 
Strike out indicates matter stricken from the bill 

by amendment or deleted from existing law by amendment. 
Underlined italics indicate matter added to the bill by 

amendment after printing for third reading. 



Ordinances 

Passed at the Annual Session 

1997-1998 



City of Baltimore 
Ordinance 97-214 
Council Bill 97-416 

An Ordinance Concerning 

City Property - Rights of Way and Temporary Easements Near 
Wilmington Avenue and Wilkens Avenue 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
acquire, by purchase or condemnation, the fee simple interests or other 
interests that the Director of the Department of Public Works considers 
necessary or sufficient, in and to certain pieces or parcels of land, for 
Public Utility Rights of Way for the Wilmington Avenue Box Culvert 
and for other municipal utilities and services through a portion of the 
properties known as Lots 16/25, 28/40, 41, and 42 of Ward 25, Section 
2, Block 2 108 A. 

By authority of 

Article I - General Provisions 
Section 4 

and 
Article II - General Powers 
Section 2, 34, and 35 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is necessary to acquire by purchase or condemnation, 
for Public Utility Rights of Way purposes, namely, for the construction and 
maintenance of the Wilmington Avenue Box Culvert or other municipal 
utilities and services, through a portion of the properties known as Lots 
16/25, 28/40, 41, and 42 of Ward 25, Section 2, Block 2108A, the fee 
simple interests or other interests that the Director of the Department of 
Public Works considers necessary or sufficient, in and to the pieces or 
parcels of land, including the improvements bounded on them, as follows: 



ORD. 97-2 1 4 1 997- 1 998 SESSION 



Beginning for Right of Way for Municipal Utilities and Services No. 1 
at a point on the northeast side of Wilmington Avenue, 40 feet wide, distant 
North 45° 50' 1 1 " West 240 feet, more or less, measured along the northeast 
side of said Wilmington Avenue from the northwest side of Benson Avenue, 
40 feet wide, said point of beginning being the beginning of the parcel of 
land conveyed by Archibald Gerber and Wife to Harry Weinberg and Wife 
by deed dated January 11, 1940, and recorded among the Land Records of 
Baltimore City in Liber M.L.P. No. 5995, Folio 34, and running thence 
binding on the northeast side of said Wilmington Avenue and reversely on 
part of the last line of side deed, North 45° 50' 1 1 " West 84.38 feet; thence 
by a straight line through the property now or formerly owned by Harry 
Weinberg and Wife, North 33° 05' 58" East 127.37 feet to intersect the 
southwest side of said alley and reversely on part of the second line of said 
deed to the beginning thereof, South 45© 50' 11" East 108.83 feet and 
thence binding reversely on the first line of said deed, South 44o 09' 49" 
West 125.00 feet to the place of beginning. 

Containing 12,075.62 square feet or 0.2772 acre of land, more or less. 

Beginning for Right of Way for Municipal Utilities and Services No. 2 
at a point on the northeast side of a 10 foot alley laid out parallel with and 
distant 125.00 feet northeasterly measured at right angles from the northeast 
side of Wilmington Avenue, 40 feet wide, said point of beginning having a 
coordinate value of West 14225.328 feet and South 8236.601 feet and 
running thence by a straight line through the property now or formerly 
owned by Harry Weinberg and Wife, known as No. 3001-3023 Wilkens 
Avenue, North 33° 05' 58" East 173.09 feet to intersect the southwest side 
of an 8 foot Right of Way as shown on a plat entitled, "Sanitary Contract 
No. 238 Districts H-6, H-9, G-l, 50 and 39", dated August 14, 1926 sheet 
No. 5 and numbered B.S. 80-20506 and filed in the Water and Wastewater 
Engineering Division of the Department of Public Works; thence binding on 
the southwest side of last side Right of Way the two following courses and 
distances; namely, South 45© 29' 31" East 51.23 feet and South 44© 15' 1 1" 
East 46.22 feet; thence by another straight line, through said property, South 
33o 12' 19" West 171 .42 feet to intersect the northeast side of said 10 foot 
alley and thence binding on the northeast side of said 10 foot alley, North 
45o 50' 1 1 " West 96.80 feet to the place of beginning. 

Containing 16,420.30 square feet or 0.3770 acre of land, more or less. 



1997-1998 Session Ord. 97-214 



All courses, distances, and coordinates in these descriptions are referred 
to the true meridian as adopted by the Baltimore Survey Control System. 

Including all property, rights, interests, easements, and franchises 
necessary for the Public Utility Rights of Way and the construction and 
maintenance of the Wilmington Avenue Box Culvert or other municipal 
utilities and services in the Public Utility Rights of Way, the location and 
course of which is shown on the plat numbered R.W. 20-35870, prepared by 
the Survey Control Section and filed in the office of the Director of the 
Department of Public Works on August 24, 1995. 

Any mention or reference to any streets, roads, avenues, highways, or 
alleys in this Ordinance or on the plat referred to in this Ordinance are for 
the purpose of description only and may not be held or taken to be any 
evidence whatever that these streets, roads, avenues, highways, alleys, or 
any of them, are public, dedicated, or private thoroughfares. 

Section 2. And be it further ordained, That the Director of the 
Department of Public Works or the person the Board of Estimates 
designates may acquire on behalf of the Mayor and City Council of 
Baltimore, for the purposes described in this Ordinance, the fee simple 
interests or other interests that the Director considers necessary or 
sufficient, in and to certain pieces or parcels of land and improvements, 
including all property, rights, interests, easements, and franchises necessary 
for the Public Utility Rights of Way and the construction and maintenance 
of the Wilmington Avenue Box Culvert or other municipal utilities and 
services in the Public Utility Rights of Way. If the Director of the 
Department of Public Works or the person designated by the Board of 
Estimates are unable to agree with the owner or owners on the purchase 
price of the pieces or parcels of land and improvements or for any of the 
properties, rights, interests, easements, and franchises, they must ask the 
City Solicitor of Baltimore City to institute, in the name of the Mayor and 
City Council of Baltimore, the necessary legal proceedings to acquire by 
condemnation the fee simple interests or other rights, interests, easements, 
and franchises that the Director considers necessary or sufficient for the 
purposes of the Public Utility Rights of Way. 

Section 3. And be it further ordained, That the proceedings for 
the acquisition by condemnation of the property and rights described in this 



Ord. 97-2 1 5 1 997- 1 998 Session 



Ordinance and the rights of all interested parties shall be regulated by and in 
accordance with all applicable provisions of state and local law and with all 
applicable rules and regulations adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

Section 4. And be it further ordained, That the Director of the 
Department of Public Works or person the Board of Estimates designates 
may negotiate for and enter into, on behalf of the Mayor and City Council of 
Baltimore, any necessary agreements with the federal and state 
governments, any of their agencies, and any other persons, firms, or 
corporations in connection with the Public Utility Rights of Way. The 
acquisition and agreements are subject to the approval of the Board of 
Estimates. 

Section 5. And be it further ordained, That after the agreements 
have been made and the properties, lands, rights, easements, and franchises 
have been acquired, the Director of the Department of Public Works may 
construct the Wilmington Avenue Box Culvert and other municipal utilities 
and services in the Public Utility Rights of Way, in accordance with detailed 
plans approved by the Director of the Department of Public Works. 

Section 6. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 4, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-215 
Council Bill 97-503 

An Ordinance Concerning 

Corrective — Zoning — Recreational Facilities 

FOR the purpose of enacting certain provisions, inadvertently omitted from 
Ordinance 97-143 ("Zoning — Recreational Facilities"), to add outdoor 



1 997- 1 998 Session Ord. 97-2 1 5 

recreational facilities to the list of conditional uses in the M-2 and M-3 
Districts; and providing for a special effective date. 

By adding 

Article 30 - Zoning 

Section(s)7.2-lc-17 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 30 - Zoning 

Chapter 7 - Industrial Districts 

7.2 M-2 Industrial District. 

1 . Use regulations. 

c. Conditional uses. 

17. Recreational facilities, outdoor 

Section 2. And be it further ordained, That this Ordinance shall 
be construed retroactively to July 9, 1997, the effective date of Ordinance 
97-143, and applied to and interpreted to affect all matters arising on or 
after that date. 

Section 3. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 4. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved December 4, 1997 



KurtL. Schmoke, Mayor 



Ord. 97-2 1 6 1 997- 1 998 Session 



City of Baltimore 
Ordinance 97-216 
Council Bill 97-507 

An Ordinance Concerning 

Zoning — Conditional Use — Drive-in Pharmacy — 

1501 North Central Avenue and 1521 Harford Avenue — 

Amending Ordinance 97-154 

FOR the purpose of amending Ordinance 97-154, which authorized a 
conditional use for a drive-in pharmacy on the properties known as 
1501 Central Avenue and 1520 Harford Road, to correct the designation 
of the Harford Road property to be 1521 Harford Avenue. 

By repealing and reordaining, with amendments 
Ordinance 97-154 
Section(s) 1 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Ordinance 97-154 

Section 1 . Be it ordained by the Mayor and City 
Council of Baltimore, That permission is granted for the 
establishment, maintenance, and operation of a drive-in 
pharmacy on the properties known as 1501 North Central 
Avenue and [1520 Harford Road] 1521 Harford Avenue, 
as outlined in red on the plat accompanying this Ordinance, 
in accordance with Article 30, §§ 6.3- Id- 17 and 1 1.0-6d of 
the Baltimore City Code, subject to the following 
conditions: 

1 . the pharmacy must comply with the site 

plan and landscaping plan dated April 21, 1997, 
and with the elevation drawing dated July, 1996; 

2. changes to the site or landscaping plans or 

to the elevation must be approved by the Planning 
Department; and 



1 997- 1 998 Session Ord. 97-2 1 7 



3. the drive-in pharmacy must comply 

with all applicable federal, state, and local licensing 
and certification requirements. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved December 4, 1 997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-217 
Council Bill 97-533 

An Ordinance Concerning 

Street Encroachment — 1009 North Broadway 

For the purpose of permitting, subject to certain conditions, the 

construction and maintenance of a handicapped ramp projecting into 
the public right-of-way on the west side of the property known as 1009 
North Broadway ; and providing for a special effective date . 

By authority of 

Article 32 - Building Code 
Section(s) 3202.1.1, 3203.6, 3205.7 
Baltimore City Code 
(1994 Building Code Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That: 

(a) Permission is granted for the construction and maintenance of a 
handicapped ramp on the west side of the property known as 1009 North 
Broadway, subject to the conditions specified in this Ordinance. 

(b) The structure may not (i) project into the public right-of-way more 
than 8 feet, 6 inches or (ii) exceed 8 feet, 6 inches in width and 23 feet in 
length. 

(c) Except as specifically provided in this Ordinance, all ordinances, 
rules, and regulations of the Mayor and City Council of Baltimore, 



Ord. 97-2 1 8 1 997- 1 998 Session 



including but not limited to the requirement to obtain a right-of-entry 
permit, must be complied with in the construction and maintenance of this 
structure. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after th e date it is enacted. 

Approved December 4, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-218 
Council Bill 97-458 

An Ordinance Concerning 



Supplementary Federal Fund Operating Appropriation — 
Police Department — $101,312 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $101,312 to the Police Department - 
Program 202 (Criminal Investigation), to provide funding for the 
Vehicle Theft Prevention Program; and providing for a special effective 
date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a federal grant 
through the State of Maryland, Vehicle Theft Prevention Council in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for the Fiscal Year 1997. 

That grant could not have been expected with reasonable certainty 
when the Ordinance of Estimates for Fiscal Year 1 997 was formulated. 



1 997- 1 998 Session Ord. 97-2 1 9 



On May 14, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $101,312 shall be made available to the Police 
Department - Program 202 (Criminal Investigation) as a Supplementary 
Federal Fund Operating Appropriation for Fiscal Year 1997, to provide 
funding for the Vehicle Theft Prevention Program. The source of revenue 
for this appropriation is a federal grant through the State of Maryland, 
Vehicle Theft Prevention Council in excess of the amount from this source 
that was relied on by the Board of Estimates in determining the tax levy 
required to balance the budget for Fiscal Year 1997. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-219 
Council Bill 97-463 

An Ordinance Concerning 

Zoning — Conditional Use Drive-In Restaurant — 
2901 West North Avenue 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a drive-in restaurant on 
the property known as 2901 West North Avenue, as outlined in red on 
the accompanying plat ; and providing for a special effective date . 

By authority of 

Article 30 - Zoning 

Section(s) 6.3-ld-3 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a drive-in restaurant on the property known 



Ord. 97-2 1 9 1 997- 1 998 Session 



as 2901 West North Avenue, as outlined in red on the plat accompanying 
this Ordinance, in accordance with Article 30, §§ 6.3-ld-3 and 1 1.0-6d of 
the Baltimore City Code, subject to the condition that following conditions: 

1 . the restaurant must conform to the site plan, building elevation 

drawings, lighting plan, fencing plan, and landscaping/planting 
plan submitted by the applicant; 

2. the restaurant's operating hours are; 

Monday through Thursday — 6:00 a.m. until midnight; 
Friday and Saturday — 6:00 a.m. until 2:00 a.m.; and 
Sunday — 7:00 a.m. until 1 1 :00 p.m.; 

3. the restaurant may not allow school-age children without adult 

supervision on the premises between 8:30 a.m. and 2:45 p.m., 
on school days; 

4. the restaurant must provide security during the hours of 

operation and at other time periods when necessary to prevent 
loitering and nuisance behavior; 

5. the restaurant must work with the community association's 

Employment Committee to achieve the goal of hiring 80% or 
more of its employees from the community; 

6. the applicant must make space available on site for a mini-police 

sub-station; 

7. the restaurant must assume the responsibility for cleaning, 

sweeping, and picking up Burger King or similar debris within 
a 2-block radius of the North Avenue and Poplar Grove 
location (the area bounded by Clifton Street on the north, 
Presbury Street on the south, Ashburton Street on the East, and 
Rosedale Street on the west); 

8. outdoor seating for the restaurant is limited to two tables and 

related seats, with a seating limit of 20 minutes; 

9. there may be one free-standing sign with a maximum size of 80 

square feet and a maximum height of 25 feet; 



10 



1 997- 1 998 Session Ord. 97-220 



10. the final design for the sign is subject to Planning Department 
approval, after input from the community; and 

11. the drive-in restaurant complies must comply with all 
applicable federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-220 
Council Bill 97-478 

An Ordinance Concerning 

Rezoning - 4801 and 4804 Poe Avenue 

FOR the purpose of changing the zoning for the properties known as 4801 
and 4804 Poe Avenue, as outlined in red on the accompanying plat, 
from the R-3 Zoning District to the R-6 Zoning District. 

By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheet(s) 13 
Baltimore City Code 



11 



Ord. 97-22 1 1 997- 1 998 Session 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 13 of the Zoning District Maps is amended by 
changing from the R-3 Zoning District to the R-6 Zoning District the 
properties known as 4801 and 4804 Poe Avenue, as outlined in red on the 
plat , dated October 28, 1997, accompanying this Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 12, 1997 

KurtL. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-221 
Council Bill 97-479 

An Ordinance Concerning 



Zoning — Conditional Use Convalescent, Nursing, or Rest Home — 
3931 and 3939 Penhurst Avenue 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a convalescent, nursing, 
or rest home on the properties known as 3931 and 3939 Penhurst 
Avenue, as outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s)4.5-ld-l and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 



12 



1 997- 1 998 Session Ord. 97-22 1 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a convalescent, nursing, or rest home on the 
properties known as 3931 and 3939 Penhurst Avenue, as outlined in red on 
the plat accompanying this Ordinance, in accordance with Article 30, §§ 
4.5-ld-l and 1 1.0-6d of the Baltimore City Code, subject to the condition 
that following conditions: 

(1) the home must conform to the site plan and elevations 
accompanying this Ordinance, and any changes to the plans 
must be approved by the Planning Department; 

(2) the Forest Conservation Plan must be approved by the Planning 
Department; 

(3) there may be no more than 96 nursing home beds; 

(4) the home must follow the following phasing plan: 

(i) Phase I — The existing dwelling on 3931 Penhurst will be 
demolished, and the structure at 3939 Penhurst will 
remain during the construction of the new nursing home. 
During construction there will be two principal structures 
on the lot. The new nursing home will be constructed to 
accommodate 80 or 96 nursing home beds. 

(ii) Phase II — The existing clients will move into the new 
building, and 3939 Penhurst will be demolished. The new 
building will be occupied before the parking lot is 
constructed. 

(iii) Phase HI — The parking lot and landscaping must be 
completed within 6 months of the new building's 
occupancy. 

(iv) Phase IV — If only 80 beds are constructed during Phase 
I, an addition or modification to the new building may be 
built to accommodate 16 additional beds; and 

(5) the convalescent, nursing, or rest home compli e s must comply 
with all applicable federal, state, and local licensing and 
certification requirements. 



13 



ORD. 97-222 1 997- 1 998 SESSION 



Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-222 
Council Bill 97-499 

An Ordinance Concerning 

Zoning — Conditional Use Housing for the Elderly — 
3809 Clarks Lane 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of housing for the elderly on 
the property known as 3809 Clarks Lane, as outlined in red on the 
accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 4.5-ld-6 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of housing for the elderly on the property 
known as 3809 Clarks Lane, as outlined in red on the plat accompanying 



14 



1 997- 1 998 Session Ord. 97-223 



this Ordinance, in accordance with Article 30, §§ 4.5-ld-6 and 1 1.0-6d of 
the Baltimore City Code, subject to the condition that following conditions: 

1 . there may be a maximum of 34 elderly units on the property, 4 

of which may be used for dwelling units or for offices for 
support services, non-resident doctors or dentists, or charitable 
or philanthropic organizations; 

2. the conversion of the apartment building to elderly housing will 

be phased in so that no present tenant, as of the effective date 
of this Ordinance, will be required to move out, even if the 
tenant does not desire to participate in the elderly housing or 
does not meet the age or handicap criteria for eligibility; and 

3^ the housing for the elderly complies must comply with all 
applicable federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-223 
Council Bill 97-500 



An Ordinance Concerning 
Rezoning — Annapolis Road and Russell and Tacoma Streets 

15 



Ord. 97-223 1 997- 1 998 Session 



For the purpose of changing the zoning for the properties outlined in rea\ 
2001-2047 (odd) Annapolis Road, from the M-3 Zoning District to the 
R-7 Zoning District, the properties outlined in blue , 2201-2219 (odd) 
Annapolis Road, and 2206-2232 (even) Annapolis Road, from the B-2- 
2 Zoning District to the R-7 Zoning District, the properties outlined in 
orange , 2300 Russell Street and 2201-2223 and 2257 Tacoma Street. 
from the M-2-1 Zoning District to the M-l-1 Zoning District, and the 
property outlined in green , 2301 Russell Street, from the B-2-2 Zoning 
District to the M-l-1 Zoning District. 

By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheet(s) 74 and 75 
Baltimore City Code 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheets 74 and 75 of the Zoning District Maps are 
amended by changing the zoning for the properties outlined in red , 2001- 
2047 (odd) Annapolis Road, from the the M-3 Zoning District to the R-7 
Zoning District, the properties outlined in blue , 2201-2219 (odd) Annapolis 
Road, and 2206-2232 (even) Annapolis Road, from the B-2-2 Zoning 
District to the R-7 Zoning District, the properties outlined in orange , 2300 
Russell Street and 2201-2223 and 2257 Tacoma Street, from the M-2-1 
Zoning District to M-l-1 Zoning District, and the property outlined in 
green , 2301 Russell Street, from B-2-2 Zoning District to the M-l-1 Zoning 
District Zoning District, on the plat accompanying this Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 



16 



1 997- 1 998 Session Ord. 97-224 



Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-224 
Council Bill 97-513 

An Ordinance Concerning 

Building Code — 1997 Bicentennial Edition 

FOR the purpose of adopting a revised Building Code for Baltimore City, 
comprising the Maryland Building Performance Standards, as amended 
effective April 7, 1997, the BOCA National Building Code, 13th/1996 
Edition, the International Mechanical Code, 1996 Edition, the CABO 
Model Energy Code, 1995 Edition, the National Standard Plumbing 
Code, 1996 Edition, the National Fuel Gas Code, 1996 Edition, and the 
National Electrical Code, 1996 Edition, all as supplemented, amended, 
or otherwise modified by the Baltimore City Building Code, 1997 
Bicentennial Edition; incorporating by reference into this Ordinance 
and enacting as Article 32 of the Baltimore City Code, these standards 
and codes, as supplemented, amended, or otherwise modified by the 
Baltimore City Building Code, 1997 Bicentennial Edition; authorizing 
the Director of the Department of Legislative Reference to correct and 
renumber section, subsection, and paragraph headings and references 
and to make certain other technical changes; providing for the effect, 
construction, and effective date of this Ordinance and the new Building 
Code; and generally relating to the revision and adoption of a revised 
Building Code for Baltimore City. 

By repealing 

Article 32 - Building Code 

Baltimore City Code 

(As adopted by Ordinance 97-162) 

By approving and adopting 

The Baltimore City Building Code, 
1997 Bicentennial Edition 



17 



Ord. 97-224 1 997- 1 998 Session 



By adopting 

The Building Code of Baltimore City, comprising 

The Maryland Building Performance Standards, as amended 

effective April 7, 1997 
The BOCA National Building Code, 13th/1996 Edition 
The International Mechanical Code, 1996 Edition 
The CABO Model Energy Code, 1995 Edition 
The National Standard Plumbing Code, 1996 Edition 
The National Fuel Gas Code, 1996 Edition 
The National Electrical Code, 1996 Edition 

as supplemented, amended, or otherwise modified by 
the Baltimore City Building Code, 1997 Bicentennial Edition 

BY adding 

Article 32 - Building Code 

Baltimore City Code 

(As adopted by this Ordinance) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Baltimore City Code Article 32 - Building Code, as 
enacted by Ordinance 97-162, is repealed. 

Section 2. And be it further ordained, That the Baltimore City 
Building Code, 1997 Bicentennial Edition (dated September 29, 1997 , with 
amendments dated November 24, 1997) , as prepared by the Building Code 
Committee and as revised, edited, and published by the Department of 
Legislative Reference, is incorporated by reference into this Ordinance and 
is approved and adopted. 

Section 3. And be it further ordained, That the following 
standards and codes, as supplemented, amended, or otherwise modified by 
the Baltimore City Building Code, 1997 Bicentennial Edition, are 
incorporated by reference into this Ordinance and adopted as new Baltimore 
City Code Article 32 - Building Code, constituting the "Building Code of 
Baltimore City": 

The Maryland Building Performance Standards, as amended 

effective April 7, 1997 
The BOCA National Building Code, 13th/1996 Edition 
The International Mechanical Code, 1996 Edition 
The CABO Model Energy Code, 1995 Edition 
The National Standard Plumbing Code, 1 996 Edition 



18 



1 997- 1 998 Session Ord. 97-224 



The National Fuel Gas Code, 1996 Edition 
The National Electrical Code, 1996 Edition 

Section 4. And be it further ordained, That the Director of the 
Department of Legislative Reference shall publish the Baltimore City 
Building Code, 1997 Bicentennial Edition, as approved by this Ordinance. 
In preparing the publication, the Director may correct numeration, 
capitalization, spelling, and punctuation as necessary or appropriate, and 
may correct and renumber section, subsection, and paragraph headings and 
references to conform to or, as necessary, to distinguish from the headings 
and references in the standards and codes adopted by this Ordinance. 

Section 5. And be it further ordained, That the standards and 
codes incorporated by reference in Section 3 of this Ordinance, together 
with the Baltimore City Building Code, 1997 Bicentennial Edition, edited 
and published by the Director of the Department of Legislative Reference 
under Section 4 of this Ordinance, are legalized as the Building Code of 
Baltimore City and shall be taken in all courts of this State and by all 
officials of this State and of its various subdivisions to be evidence of 
Baltimore City Code Article 32 - Building Code. 

Section 6. And be it further ordained, That this Ordinance and 
the Building Code of Baltimore City adopted by it applies to all building 
operations for which a permit application is filed on or after the effective 
date of this Ordinance. 

Section 7. And be it further ordained, That except as expressly 
provided to the contrary in this Ordinance, any transaction, case, 
proceeding, investigation, or other matter validly begun before the effective 
date of this Ordinance and affected by or flowing from any ordinance 
amended or repealed by this Ordinance, and any right, duty, or interest 
flowing from any ordinance amended or repealed by this Ordinance, 
remains valid after the effective date of this Ordinance and may be 
terminated, completed, enforced, or prosecuted as required or permitted by 
the prior ordinance as though the amendment or repeal has not occurred. If 
any change in nomenclature involves a change in name or designation of 
any City agency or official, the successor agency or official has all the 
powers and obligations granted the predecessor agency or official. 



19 



Ord. 97-225 1 997- 1 998 Session 



Section 8. And be it further ordained, That this Ordinance takes 
effect on December 25, 1997, or, if later, on the date it is enacted. 

Approved December 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 97-225 

Council Bill 97-515 

An Ordinance Concerning 

Zoning — Business Planned Development — 
1501 South Caton Avenue 

For the purpose of approving an amendment to the boundaries of the 
Business Planned Development on the property known as 1501 South 
Caton Avenue, approved by Ordinance 79-1 141 ; clarifying the uses 
allowed in the Development; and naming the Development. 

Recitals 

By Ord.79-1 141, The Mayor and City Council approved the application 
of Maserati Automobiles, Incorporated, to have certain property lying east 
of Caton Avenue and north of Georgetown Road, consisting of 3 acres, 
more or less, designated a Business Planned Development, and approved 
the Development Plan submitted by the applicant. The property is now 
identified on city records as 1501 South Caton Avenue. 

The current owner of the property, Russell Motor Cars, Inc., hereby 
makes formal application to the City Council to approve expansion of the 
boundaries of the Development to include 2 adjoining parcels of land to be 
used in connection with the existing facility , as shown on the accompanying 
Development Plan, for use in conjunction with the applicant's use of the 
Development property. The applicant owns these 2 parcels. 

Applicant further requests that "Russell Automotive Business Planned 
Development" be formally approved as the name of this Development. 

Applicant further requests approval by the City Council for the location 
in the Development of an accessory garage for the storage, repair, and 
servicing of motor vehicles, as shown on the accompanying Development 
Plan. 



20 



1 997- 1 998 Session Ord. 97-225 



Russell Motor Cars, Inc., in requesting the introduction of this bill, 
signifies its intention to implement, execute, substantially complete, and 
maintain the development of the property in accordance with the 
Development Plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council approves the Development 
Plan dated submitted by Russell Motor Cars, Inc., as 

attached to and made a part of this Ordinance. 

Section 2. And be it further ordained, That in accordance with 
Article 30, Section 12.0-4 of the Baltimore City Code, the following uses 
are allowed within the Planned Development: 

(a) all uses as currently allowed within the B-2-1 Zoning District 
and such additional uses as are in the future allowed in the B-2-1 Zoning 
District; and 

(b) as part of or in conjunction with the on-site motor vehicle sales 
business: sales and leasing of new and used motor vehicles, and garages for 
the storage, repair (including body repair, painting, and engine rebuilding), 
and servicing of motor vehicles of 1-1/2 tons maximum capacity. Storage 
of motor vehicles is limited to vehicles available for sale or awaiting repair 
or servicing in conjunction with the permitted uses . 

Section 3. And be it further ordained, That the Development is 
named Russell Automotive Business Planned Development. 

Section 4. And be it further ordained, That after the City 
Council passes this Ordinance, the Planning Department shall make the 
determination between minor and major amendments or modifications to 
the Plan. Any changes determined to be minor shall require approval by the 
Planning Commission. Major amendments shall require approval by 
Ordinance. Final Design Approvals shall require approval by the Planning 
Commission. 

Section 5. And be it further ordained, That as evidence of the 
authenticity of the accompanying Development Plan and in order to give 
notice to the agencies that administer the City Zoning Ordinance: (i)when 
the City Council passes this Ordinance, the President of the City Council 
shall sign the Development Plan; (ii) when the Mayor approves this 
Ordinance, the Mayor shall sign the Development Plan; and (iii) the 
Director of Finance then shall transmit a copy of this Ordinance and the 



21 



Ord. 97-226 1 997- 1 998 SESSION 



Development Plan to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 6. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 12, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-226 
Council Bill 97-538 

An Ordinance Concerning 

Zoning — Parking Lot District — Conditional Use 
Parking Lot — 3 West Lafayette Avenue 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of an open off-street parking 
area on the property known as 3 West Lafayette Avenue, as outlined in 
red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 9.0-3 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an open off-street parking area on the 
property known as 3 West Lafayette Avenue, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 9.0-3 and 
1 1 .0-6d of the Baltimore City Code, subject to the condition that following 
conditions: 

1 . the parking area must conform to the site plan, which includes 
landscaping and screening; and 



22 



1 997- 1 998 Session Ord. 97-227 



2. the parking area complies must comply with all applicable 
federal, state, and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved December 12, 1997 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-227 
Council Bill 97-540 

An Ordinance Concerning 

Zoning — Parking Lot District — Conditional Use 
Parking Lot — 200-202 West Franklin Street 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of an open off-street parking 
area on the property known as 200-202 West Franklin Street, as 
outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.4-ld-3, 9.0-3, and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 



23 



Ord. 97-228 1 997- 1 998 Session 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an open off-street parking area on the 
property known as 200-202 West Franklin Street, as outlined in red on the 
plat accompanying this Ordinance, in accordance with Article 30, §§ 6.4- 
ld-3, 9.0-3, and 1 1.0-6d of the Baltimore City Code, subject to the 
condition that the parking area complies with all applicable federal, state, 
and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 12, 1997 

KurtL. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-228 
Council Bill 97-552 

An Ordinance Concerning 



Supplementary Federal Fund Operating Appropriation — 

Mayoralty-Related - Office Of The Labor Commissioner 

(Program 128) — $98,393 

FOR the purpose of providing a Supplementary Federal Fund Operating 
Appropriation in the amount of $98,393 to the Mayoralty-Related - 
Office of the Labor Commissioner- Program (Program 128), to support 
the Baltimore City Labor Management Committee Project for 
Operational Review and Workplace Effectiveness; and providing for a 
special effective date. 



24 



1 997- 1 998 Session Ord. 97-228 



By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Federal Mediation and Conciliation Service in excess of the revenue relied 
on by the Board of Estimates in determining the tax levy required to balance 
the budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On October 22, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $98,393 shall be made available to the Mayoralty- 
Related - Office of the Labor Commissioner (Program 128) as a 
Supplementary Federal Fund Operating Appropriation for Fiscal Year 1998, 
to provide funding for additional operating appropriations to support the 
Baltimore City Labor Management Committee Project for Operational 
Review and Workplace Effectiveness. The source of revenue for this 
appropriation is the Federal Mediation and Conciliation Service in excess 
of the amount from this source that was relied on by the Board of Estimates 
in determining the tax levy required to balance the budget for Fiscal Year 
1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved December 12, 1997 



Kurt L. Schmoke, Mayor 



25 



Ord. 97-229 1 997- 1 998 Session 



City of Baltimore 
Ordinance 97-229 
Council Bill 97-535 

An Ordinance Concerning 

Zoning - Business Planned Development 
Baltimore Inner Harbor East 

FOR the purpose of approving the application of Harbor East Limited 
Partnership ("HELP"), owner of property located in the Inner Harbor 
East subdivision south of Fleet Street and east of East Falls Lane in 
Baltimore City (the "HELP Property"), shown as Parcels A and H on 
the Plat attached hereto as Exhibit A, to have the HELP Property and 
certain additional properties, consisting altogether of approximately 5 
acres, more or less, designated a Business Planned Development, in 
accordance with Sections 12.0-1 and 12.0-4 of Article 30 of the 
Baltimore City Code; and approving the Development Plan submitted 
by Harbor East Limited Partnership. 

By authority of 

Article 30 - Zoning 

Sections 12.0 and 12.0-4 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

Harbor East Limited Partnership is the fee simple owner of the property 
shown as Parcels A and H on the Plat attached hereto as Exhibit A. 

The City of Baltimore is the fee simple owner of areas covered by 
certain street closings and a portion of Parcel D (the "City Property"), as 
shown on Exhibit A, which will be conveyed by the City to HELP. The City 
Property and the HELP Property are collectively the "Property". 

The Property is subject to the provisions of the Inner Harbor East Urban 
Renewal Plan, as amended from time to time (the "Urban Renewal Plan"). 

On September 11, 1997, representatives of Harbor East Limited 
Partnership an4 met with the Department of Planning of Baltimore City to 



26 



1 997- 1 998 Session Ord. 97-229 



hold a Pre-Petition conference to explain the scope and nature of existing 
and proposed development on the Property in order to institute proceedings 
to have the Property designated a Business Planned Development. 

Harbor East Limited Partnership hereby makes formal application to the 
City Council of Baltimore and submits the requisite Development Plan 
intended to satisfy the requirements specified in Sections 12.0-1 and 12.0-4 
of Article 30 of the Baltimore City Code. 

Harbor East Limited Partnership, in requesting the introduction of this 
bill, signifies its intention to implement, execute, substantially complete, 
and maintain the development of the Property in accordance with the 
Development Plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council approves the application of 
Harbor East Limited Partnership, fee simple owner of the HELP Property, 
as shown on the "Existing Conditions Plan", dated September 25, 1997, 
attached hereto as Exhibit A, the "Proposed Conditions Plan", dated 
September 25, 1997, attached hereto as Exhibit B, and the "Elevations 
Plan", dated September 25, 1997, attached hereto as Exhibit C (the 
Proposed Conditions Plan and the Elevations Plan are collectively referred 
to herein as the "Development Plan") , as amended December 4, 1997, to 
designate the Property a Business Planned Development under Article 30, 
Sections 12.0-1 and 12.0-4 of the Baltimore City Code. 

Section 2. And be it further ordained, That the Development 
Plan submitted by Harbor East Limited Partnership is approved. 

Section 3. And be it further ordained, That in accordance with 
the provisions of Section 12.0-4(a), the following uses are permitted within 
the Planned Development: 

(a) There shall be a minimum of S00 600 parking spaces, a maximum 
of 750 hotel rooms, and the following uses as accessory to a hotel: 

1 . Open off-street parking and off-street parking garages 

2. Gift shop, car rental agency, travel agency, fitness and 
health/physical culture facilities, cabana, food kiosk, and 
accessory structures for swimming pool and other facilities as 
accessory to a hotel 

3. Amusement arcades , for entertainment only, with interior 
access only 



27 



Ord. 97-229 1 997- 1 998 Session 



4. Dance halls 

5. Meeting and banquet halls and catering facilities, including live 
entertainment and dancing 

6. Taverns and restaurants, with or without live entertainment and 
dancing 

7. Outdoor table service when accessory to a restaurant or tavern 
use. 

(b) Awnings and roof elements may extend beyond the building 
envelope, subject to Planning Commission design approval as part of the 
building. 

(b c) Any use other than the hotel, garage and accessory uses as listed 
in (a) above shall be considered a major amendment to the Planned Unit 
Development, subject to the approval of the Mayor and City Council, and 
shall : 

1 . Be subject to the provisions of the Inner Harbor East Urban 
Renewal Plan. 

2. Be subject to Planning Commission approval for final design in 
accordance with the requirements of this Ordinance . 

3. Be subject to a floor area ratio of 7. 

(d) The hotel will be operated as a multi-market hotel for 25 years. 
Additionally, the hotel will be operated without gaming operations for 25 
years. 

Section 4. And be it further ordained, That the lots created 
within the Development shall conform to the yard specifications of the plans 
approved by the Planning Commission and shall be exempt from the 
minimum yard requirements of Article 30 of the Baltimore City Code. 

Section 5. And be it further ordained, That the maximum height 
of buildings the building on the Property may not exceed 430 feet, the base 
of the building may not exceed 1 1 1 feet, and the floor area ratio 
requirements shall be requirement for the building shall be 7.0, as set forth 
on the Development Plan , as amended December 4, 1997 . 

Section 6. And be it further ordained, That after the City 
Council passes this Ordinance, the Planning Departm e nt shall mak e th e 
determination as to what constitutes a minor or major amendment or 
modification to the Plan. — Any any changes determined to be major or 
mino r, including changes in density or use, shall require approval by the 



28 



1 997- 1 998 Session Ord. 97-230 



Planning Commission. Major am e ndments shall r e quir e approval by 
Ordinance. Design approvals of architectural and site plan details, 
including building materials, fenestrations, signage, awnings, porte- 
cocheres, outdoor areas, landscaping, and design details, shall require the 
approval of the Planning Commission. 

Section 7. And be it further ordained, That all current and 
future owners and lessees of any portion of the Property shall agree to any 
future amendments to the Business Planned Development that may be 
proposed by Harbor East Limited Partnership. 

Section 8. And be it further ordained, That as evidence of the 
authenticity of the accompanying Development Plan and in order to give 
notice to the agencies that administer the City Zoning Ordinance: (i) when 
the City Council passes this Ordinance, the President of the City Council 
shall sign the Development Plan; (ii) when the Mayor approves this 
Ordinance, the Mayor shall sign the Development Plan; and (iii) the 
Director of Finance then shall transmit a copy of this Ordinance and the 
Development Plan to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 9. And be it further ordained, That except as provided 
herein, the provisions of the Inner Harbor East Urban Renewal Plan, as 
amended from time to time, shall remain in full force and effect. 

Section 10. And be it further ordained, That this ordinance takes 
effect on the 30 th day after the date it is enacted. 

Approved December 17, 1997 

KURT L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-230 
Council Bill 97-564 

An Ordinance Concerning 

Zoning — Conditional Use Pawnshop 
2201 East Monument Street 



29 



Ord. 97-230 1 997- 1 998 SESSION 



FOR the purpose of permitting, subject to certain conditions, the 
establishment, maintenance, and operation of a pawnshop on the 
property known as 2201 East Monument Street, as outlined in red on 
the accompanying plat ; and providing for a special effective date . 

By authority of 

Article 30 - Zoning 

Section(s) 6.2-ld-17 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1996 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a pawn shop on the property known as 2201 
East Monument Street, as outlined in red on the plat accompanying this 
Ordinance, in accordance with Article 30, §§ 6.2- Id- 17 and 1 1.0-6d of the 
Baltimore City Code, subject to the condition that following conditions: 

1 . all improvements (window, facade, awnings, signs, and lighting) 
must meet the East Monument Street Business Area properties 
and rehabilitation standards of the Middle East Urban Renewal 
Plan; 

2. there must be no signage in the second story windows; 

3. all boards must be removed from all windows; 

4. the cornice must be freshly painted; and 

5. the pawn shop complies must comply with all applicable federal, 
state, and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 



30 



1 997- 1 998 Session Ord. 97-23 1 



Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 17, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 97-231 
Council Bill 97-539 

An Ordinance Concerning 

Urban Renewal — Inner Harbor East 
Amendment No. 7 



FOR the purpose of amending the Urban Renewal Plan for Inner Harbor East 
to incorporate by reference the provisions of the Baltimore Inner Harbor 
East Business Planned Development as approved by the Mayor and City 
Council of Baltimore as those provisions apply to certain portions of the 
Urban Renewal Area, and to incorporate by reference the provisions of 
any future Planned Developments within the Urban Renewal Area; 
deleting references to parcel Q6; revising certain exhibits attached to 
the Urban Renewal Plan to reflect the changes in the Plan; waiving 
certain content and procedural requirements; making the provisions of 
this Ordinance severable; and providing for the application of this 
Ordinance in conjunction with certain other ordinances. 

By authority of 

Article 1 3 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The Urban Renewal Plan for Inner Harbor East was originally approved 
by the Mayor and City Council of Baltimore by Ordinance 71-1 188, 
approved November 19, 1971, and last amended by Ordinance 97-161, 
approved June 19, 1997. 

An amendment to the Urban Renewal Plan for Inner Harbor East is 
necessary to incorporate by reference the provisions of the Baltimore Inner 



31 



Ord. 97-23 1 1 997- 1 998 Session 



Harbor East Business Planned Development as approved by the Mayor and 
City Council of Baltimore, as those provisions apply to certain portions of 
the Urban Renewal Area; to incorporate by reference provisions of any 
future Planned Developments within the Urban Renewal Area; to delete 
references to Parcel Q6; and to revise certain exhibits attached to the Inner 
Harbor East Plan to reflect the changes enacted by this Ordinance. 

Under Article 13, Section 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

This proposed amendment to the Renewal Plan for Inner Harbor East 
has been approved by the Director of the Department of Planning for 
conformity to the Master Plan, for the detailed location of any public 
improvements proposed in the amended Urban Renewal Plan, and for 
conformity to existing zoning classifications. This proposed amendment 
also has been approved and recommended to the Mayor and City Council of 
Baltimore by the Baltimore Development Corporation. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for 
Inner Harbor East are approved: 

(a) On page 5 of the Plan, paragraph F. LAND USES , 2. Land Use 
Provisions , b. Definition of General Uses , add the following subparagraph 
b.(3): 

"(3) Planned Development : Such other uses as are permitted in certain 
portions of the Urban Renewal Area that are now or may later be 
subject to any Planned Development ("PUD"), created pursuant to 
Chapter 12 of Article 30 of the Baltimore City Code." 

(b) On page 6 of the Plan, paragraph F., LAND USES , 2. Land Use 
Provisions , c. Definition of Specific Uses , add the following to the end 
thereof: 

"(12) Such other specific uses as are permitted by any Planned 
Development ("PUD") within the Urban Renewal Area." 

(c) On page 10 of the Plan, paragraph G, REGULATIONS, 
CONTROLS, AND RESTRICTIONS, in item 14a delete "P," and "01,". 



32 



1 997- 1 998 Session Ord. 97-23 1 



(d) On page 1 1 of the Plan, paragraph G, REGULATIONS, 
CONTROLS, AND RESTRICTIONS, delete item 14b., Development Area 
P, in its entirety and substitute the following: 

' b. Development Area 1 : 

The specific lot area controls of the PUD shall control 
Development Area 1. ' 

(e) On page 1 1 of the Plan, paragraph G, REGULATIONS, 
CONTROLS, AND RESTRICTIONS, delete item 14d., Development Area 
01, in its entirety and redesignate items 14e through 14i, respectively, as 
items 14d through 14h, respectively. 

(f) On page 1 1 of the Plan, paragraph G, REGULATIONS, 
CONTROLS, AND RESTRICTIONS, in redesignated item 14h delete the 
reference to Parcel P."; 

(e)(gl On page 12 of the Plan, paragraph G, REGULATIONS, 
CONTROLS AND RESTRICTIONS , add the following to the end thereof: 

"15. PUD Standards and Controls . To the extent there exists any 
conflict between the provisions of paragraph G of this Renewal Plan 
and the standards and controls of any PUD, or there are standards and 
controls contained in any PUD that are not contained in the Renewal 
Plan, the standards and controls of said PUD, including, without 
limitation, those affecting use, parking, access, aesthetic controls, 
setbacks, specific lot controls and building heights, shall be 
controlling." 

{€*) (h) On page 12 pages 10 and 11 of the Plan, paragraph G, 
REGULATIONS, CONTROLS AND RESTRICTIONS , in items 14a, 14h, 
and 14i, delete all references to "Q6". 

Section 2. And be it further ordained, That the Urban Renewal 
Plan for Inner Harbor East, as amended by this Ordinance and identified as 
"Urban Renewal Plan, Inner Harbor East, revised to include Amendment 

No. 7, dated ", is approved. The Clerk of the City Council 

shall file a copy of the amended Urban Renewal Plan with the Department 
of Legislative Reference as a permanent public record, available for public 
inspection and information. 



33 



Ord. 97-23 1 1 997- 1 998 Session 



Section 3. And be it further ordained. That Exhibits A, Land 
Acquisition, B, Development Areas, and D, Right of Way Adjustments, all 
dated November 17, 1997, are approved. 

Section 34. And be it further ordained, That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 4 5. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 5 6. And be it further ordained, That if a provision of 
this Ordinance concerns the same subject as a provision of any zoning, 
building, electrical, plumbing, health, fire, or safety law or regulation, the 
applicable provisions shall be construed to give effect to each. However, if 
the provisions are found to be in irreconcilable conflict, the one that 
establishes the higher standard for the protection of the public health and 
safety prevails. If a provision of this Ordinance is found to be in conflict 
with an existing provision of any other law or regulation that establishes a 
lower standard for the protection of the public health and safety, the 
provision of this Ordinance prevails and the other conflicting provision is 
repealed to the extent of the conflict. 

Section 7. And be it further ordained. That the following 
restrictions apply to the property for which the Harbor East Limited 
Partnership has applied for designation as a Business Planned Unit 
Development: 

(a) There shall be a minimum of 600 parking spaces, a maximum 
of 750 hotel rooms, and the following uses as accessory to a hotel: 

1 . open off-street parking and off-street parking garages 

2. gift shop, car rental agency, travel agency, fitness and 
health/physical culture facilities, cabana, food kiosk, and 
accessory structures for swimming pool and other facilities 
as accessory to a hotel 



34 



1997-1998 Session Ord. 98-232 



3. amusement arcades, for entertainment only, with interior 
access only 

4. dance halls 

5. meeting and banquet halls and catering facilities, including 
live entertainment and dancing 

6. taverns and restaurants, with or without live entertainment 
and dancing 

7. outdoor table service when accessory to a restaurant or 
tavern use; and 

(b) The height of the building on the property may not exceed 430 
feet, the base of the building may not exceed 1 1 1 feet, and the floor area 
ratio requirement for the building shall be 7.0. 

Section 6 8. And be it further ordained, That in the event of any 
conflict with the provisions of this Urban Renewal Plan, the provisions of 
the Inner Harbor East Business Planned Development, as it may be 
amended , and the provisions of any other Planned Developm e nt within this 
Urban Renewal Area that may be approved by the Mayor and City Council 
of Baltimore shall be controlling. 

Section 7- 9. And be it further ordained, That this Ordinance 
takes effect on the 30 th day after the date it is enacted. 

Approved December 18, 1997 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-232 
Council Bill 97-509 

An Ordinance Concerning 

Sale of City Property — 3211 Clarks Lane 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
that is located at 321 1 Clarks Lane and is no longer needed for public 
use; and providing for a special effective date. 



35 



Ord. 98-233 1997-1998 Session 



By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the Comptroller of Baltimore City may sell, at either public or private sale, 
all the interest of the Mayor and City Council of Baltimore in the property 
located at 321 1 Clarks Lane, Baltimore, Maryland, and more particularly 
described as 321 1 Clarks Lane, containing 3.17 acres, more or less, of 
unimproved land, this property being no longer needed for public use. 

Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved February 17, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-233 
Council Bill 97-504 

An Ordinance Concerning 

Zoning — Conditional Use Housing for the Elderly — 
3211 Clarks Lane 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of housing for the elderly on 
the property known as 321 1 Clarks Lane, as outlined in red on the 
accompanying plat. 



36 



1 997- 1 998 Session Ord. 97-233 



By authority of 

Article 30 - Zoning 

Section(s) 4.5-ld-6 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of housing for the elderly on the property 
known as 321 1 Clarks Lane, as outlined in red on the plat accompanying 
this Ordinance, in accordance with Article 30, §§ 4.5-ld-6 and 1 1.0-6d of 
the Baltimore City Code, subject to the condition that following conditions: 

1. there may be a maximum of 72 dwelling units and a maximum 
of 4 stories; 

2. the project must conform to the plans, including elevations, site 
plan, and the preliminary Forest Conservation Plan, attached to 
this Ordinance, and any changes to the plans must be approved 
by the Planning Department; 

3. the final Forest Conservation Plan is subject to Planning 
Department approval; and 

4^ and the housing for the elderly complies must comply with all 
applicable federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 



37 



Ord. 98-234 1 997- 1 998 Session 



Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved February 27, 1998 

KurtL. Schmoke, Mayor. 



City of Baltimore 
Ordinance 98-234 
Council Bill 97-505 

An Ordinance Concerning 



Zoning — Conditional Use Convalescent, Nursing, and Rest Home — 
5829-5833 Park Heights Avenue 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a convalescent, nursing, 
and rest home, with a maximum capacity of 36 beds and one two- 
bedroom resident management unit, on the property known as 5829- 
5833 Park Heights Avenue, as outlined in red on the accompanying 
plat. 

By authority of 

Article 30 - Zoning 

Section(s)4.6-ld-l and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a convalescent, nursing, and rest home, with 
a maximum capacity of 36 beds and one two-bedroom resident management 
unit, on the property known as 5829-5833 Park Heights Avenue, as outlined 
in red on the plat accompanying this Ordinance, in accordance with Article 
30, §§ 4.6-ld-l and 1 1.0-6d of the Baltimore City Code, subject to the 
following conditions: 

1 . the home must comply with the site plan and elevations dated 
, building elevation drawings, and landscaping/planting 



attached to this Ordinance ; 



38 



1 997- 1 998 Session Ord. 98-235 



2. any change to the site plan or e l e vations , building elevation 
drawings, or landscaping/ planting plan must be approved by the Planning 
Department; and 

3. the home must comply with all applicable federal, state, and 
local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved February 27, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-235 
Council Bill 97-553 



An Ordinance Concerning 

Zoning — Planned Unit Development — New Lexington Terrace 

For the purpose of amending Ordinance 96-032, approved June 14, 1996, 
by adding drug stores with a 24-hour drive-through as a permitted use 
in Phase V in the New Lexington Terrace Planned Unit Development, 
which was approved by Ordinance 96-032, approved June 14, 1996; 
and providing for a special effective date . 



39 



Ord. 98-236 1 997- 1 998 Session 



By authority of 

Article 30 - Zoning 

Section(s) 12.0-1 and 12.0-2 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That page 2, lines 45 through 48 and page 3, lines 1 through 
16 of Ordinance 96-032, approved June 14, 1996, are repealed and 
reordained to read as follows: 

"e. Phase V may include a business center, not to exceed 90,000 sq. ft., 
for retail and business uses as permitted in the B-l Neighborhood 
Business District and in the B-2 Community Business District. A FULL- 
LINE DRUG STORE WITH A DRIVE-THROUGH THAT MAY BE OPEN 24 HOURS 
PER DAY IS A PERMITTED USE. The following uses will not be permitted: 
apartment hotels, blood donor centers, fraternity and sorority houses, 
hotels and motels, liquor stores, pawn shops, rooming and boarding 
houses, and taverns. Except for trade schools, other than industrial, 
which shall be a permitted use, all uses that are conditional in the B-l 
and B-2 districts shall remain conditional uses. The parking lot in 
Phase VI south of West Fayette Street will be implemented in the 
earliest construction phases. The following M-l uses shall be 
permitted: artisans' and craft work, computer centers, laboratories for 
research and testing, and non-retail sales and servicing of 
communications systems." 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day aft e r the date it is enacted. 

Approved February 27, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-236 
Council Bill 97-570 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Department of Housing and Community Development — $1,000,000 



40 



1 997- 1 998 Session Ord. 98-236 



FOR the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $ 1 ,000,000 to the Department of 
Housing and Community Development - Program 585 (Baltimore 
Development Corporation), to provide funding to establish an operating 
budget for the 7 East Redwood Street building; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents net proceeds 
related to the City acquisition of 7 East Redwood Street in excess of the 
revenue relied on by the Board of Estimates in determining the tax levy 
required to balance the budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On November 5, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $1,000,000 shall be made available to the Department of 
Housing and Community Development - Program 585 (Baltimore 
Development Corporation) as a Supplementary General Fund Operating 
Appropriation for Fiscal Year 1998, to provide funding to establish an 
operating budget for the 7 East Redwood Street building. The source of 
revenue for this appropriation is net proceeds related to the City acquisition 
of 7 East Redwood Street in excess of the amount from this source that was 
relied on by the Board of Estimates in determining the tax levy required to 
balance the budget for Fiscal Year 1998. 



41 



Ord. 98-237 1 997- 1 998 Session 



Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved February 27, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-237 
Council Bill 97-573 

An Ordinance Concerning 

City Streets — Opening — 
Sarah Ann Street 



For the purpose of condemning and opening Sarah Ann Street, extending 
from Poppleton Street Easterly 264.8 feet, more or less, to Fremont 
Avenue, as shown on Plat 276-A-13G in the Office of the Department 
of Public Works; and providing for a special effective date. 

By authority of 

Article I - General Provisions 
Section 4 

and 

Article II - General Powers 
Sections 2, 34, and 35 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Department of Public Works shall proceed to 
condemn and open Sarah Ann Street, extending from Poppleton Street 
Easterly 264.8 feet, more or less, to Fremont Avenue, and more particularly 
described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the east side of Poppleton Street, 66 feet wide, and 
the north side of Sarah Ann Street, 20 feet wide, said point of 
beginning being distant 98 feet southerly measured along the east 
side of said Poppleton Street from the south side of Mulberry 
Street, 50 feet wide, and running thence binding on the north side 



42 



1997-1998 Session Ord. 98-238 



of said Sarah Ann Street, Easterly 261 .5 feet, more or less, to 
intersect the southwest side of Fremont Avenue, 66 feet wide; 
thence binding on the southwest side of said Fremont Avenue 
Southeasterly 21 feet, more or less, to intersect the south side of 
said Sarah Ann Street; thence binding on the south side of said 
Sarah Ann Street, Westerly 268 feet, more or less, to intersect the 
east side of said Poppleton Street and thence binding on the east 
side of said Poppleton Street, Northerly 20 feet to the place of 
beginning. 

As delineated on Plat 276-A-13G, prepared by the Survey Control 
Section and filed September 26, 1997, in the Office of the Department of 
Public Works. 

Section 2. And be it further ordained, That the proceedings for 
the condemnation and opening of Sarah Ann Street and the rights of all 
interested parties shall be regulated by and in accordance with all applicable 
provisions of state and local law and with all applicable rules and 
regulations adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved February 27, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-238 
Council Bill 97-574 

An Ordinance Concerning 

City Streets — Closing — 
Sarah Ann Street 



FOR the purpose of condemning and closing Sarah Ann Street, extending 
from Poppleton Street Easterly 264.8 feet, more or less, to Fremont 
Avenue, as shown on Plat 276-A-13H in the Office of the Department 
of Public Works; and providing for a special effective date. 



43 



Ord. 98-238 1997-1998 Session 



By authority of 

Article I - General Provisions 
Section 4 

and 

Article II - General Powers 
Sections 2, 34, 35 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Department of Public Works shall proceed to 
condemn and close Sarah Ann Street, extending from Poppleton Street 
Easterly 264.8 feet, more or less, to Fremont Avenue, and more particularly 
described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the east side of Poppleton Street, 66 feet wide, and 
the north side of Sarah Ann Street, 20 feet wide, said point of 
beginning being distant 98 feet southerly measured along the east 
side of said Poppleton Street from the south side of Mulberry 
Street, 50 feet wide, and running thence binding on the north side 
of said Sarah Ann Street, Easterly 261 .5 feet, more or less, to 
intersect the southwest side of Fremont Avenue, 66 feet wide; 
thence binding on the southwest side of said Fremont Avenue 
Southeasterly 21 feet, more or less, to intersect the south side of 
said Sarah Ann Street; thence binding on the south side of said 
Sarah Ann Street, Westerly 268 feet, more or less, to intersect the 
east side of said Poppleton Street and thence binding on the east 
side of said Poppleton Street, Northerly 20 feet to the place of 
beginning. 

As delineated on Plat 276-A-13H, prepared by the Survey Control Section 
and filed on September 26, 1997, in the Office of the Department of Public 
Works. 

Section 2. And be it further ordained, That the proceedings for 
the condemnation and closing of Sarah Ann Street and the rights of all 
interested parties shall be regulated by and in accordance with all applicable 
provisions of state and local law and with all applicable rules and 
regulations adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 



44 



1997-1998 Session Ord. 98-238 



Section 3. And be it further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore continue to be the 
property of the Mayor and City Council, in fee simple, until their use has 
been abandoned by the Mayor and City Council. If any person wants to 
remove, alter, or interfere with them, that person must first obtain 
permission from the Mayor and City Council and, in the application for this 
permission, must agree to pay all costs and expenses, of every kind, arising 
out of the removal, alteration, or interference. 

Section 4. And be it further ordained, That no building or 
structure of any kind (including but not limited to railroad tracks) may be 
constructed or erected in or on any part of the street closed under this 
Ordinance until all subsurface structures and appurtenances owned by the 
Mayor and City Council of Baltimore have been abandoned by the Mayor 
and City Council or, at the expense of the person seeking to erect the 
building or structure, have been removed and relaid in accordance with the 
specifications and under the direction of the Director of Public Works of 
Baltimore City. 

Section 5. And be it further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances owned by 
any person other than the Mayor and City Council of Baltimore shall be 
removed by and at the expense of their owners, promptly upon notice to do 
so from the Director of Public Works. 

Section 6. And be it further ordained, That at all times after the 
closing under this Ordinance, the Mayor and City Council of Baltimore, 
acting by or through its authorized representatives, shall have access to the 
subject property and to all subsurface structures and appurtenances used by 
the Mayor and City Council, for the purpose of inspecting, maintaining, 
repairing, altering, relocating, or replacing any of them, without need to 
obtain permission from or pay compensation to the owner of the property. 

Section 7. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved February 27, 1998 

Kurt L. Schmoke, Mayor 



45 



Ord. 98-239 1 997- 1 998 Session 



City of Baltimore 
Ordinance 98-239 
Council Bill 97-595 

An Ordinance Concerning 

Supplementary Federal Grant Fund Operating Appropriation — 

Mayoralty-Related — Mayor's Coordinating Council 

of Criminal Justice — Program 224 — $759,564 

FOR the purpose of providing a Supplementary Federal Grant Fund 
Operating Appropriation in the amount of $759,564 to the Mayor's 
Coordinating Council of Criminal Justice (MCCCJ) — Program 224, to 
provide funding to implement the Hot Spots Initiative in six Baltimore 
City cluster areas and to address factors that contribute to crime; and 
providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a federal grant 
from the Governor's Office of Crime Control and Prevention in excess of 
the revenue relied on by the Board of Estimates in determining the tax levy 
required to balance the budget for Fiscal Year 1998. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1 998 was formulated. 

On December 10, 1997, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $759,564 shall be made available to the Mayor's 
Coordinating Council of Criminal Justice — Program 224 as a 
Supplementary Federal Grant Fund Operating Appropriation for Fiscal Year 
1998, to provide funding to implement the Hot Spots Initiative in six 
Baltimore City cluster areas and to address factors that contribute to crime. 
The source of revenue for this appropriation is the grant from the 



46 



1 997- 1 998 Session Ord. 98-240 



Governor's Office of Crime Control and Prevention in excess of the amount 
from this source that was relied on by the Board of Estimates in determining 
the tax levy required to balance the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved February 27, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-240 
Council Bill 97-601 

An Ordinance Concerning 

City Property — Laubridge Way 



FOR the purpose of naming the alley located between Mattfeldt Avenuei 
Falls Road, Northern Parkway, and Sabina Avenue, parallel to the 1200 
block of West Northern Parkway, Laubridge Way. 

By authority of 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section 229 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the alley located between Mattfeldt Avenue , Falls Road, 
Northern Parkway, and Sabina Avenue, parallel to the 1 200 block of West 
Northern Parkway, is named Laubridge Way. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved February 27, 1998 

Kurt L. Schmoke, Mayor 



47 



Ord. 98-24 1 1 997- 1 998 Session 



City of Baltimore 
Ordinance 98-241 
Council Bill 98-612 

An Ordinance Concerning 

Supplementary Federal Grant Fund Operating Appropriation — 
Mayor's Coordinating Council of Criminal Justice — $3,643,640 

FOR the purpose of providing a Supplementary Federal Grant Fund 

Operating Appropriation in the amount of $3,643,640 to the Mayor's 
Coordinating Council of Criminal Justice - Program 224, to provide 
funding to reduce crime and improve public safety through community 
policing, crime prevention, and the enhanced adjudication of violent 
offenders; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Bureau of Justice Assistance in excess of the revenue relied on by the Board 
of Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

On January 28, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $3,643,640 shall be made available to the Mayor's 
Coordinating Council of Criminal Justice - Program 224 as a Supplementary 
Federal Grant Fund Operating Appropriation for Fiscal Year 1998, to 
provide funding to reduce crime and improve public safety through 
community policing, crime prevention, and the enhanced adjudication of 
violent offenders . The source of revenue for this appropriation is the grant 
from the Bureau of Justice Assistance in excess of the amount from this 



48 



1 997- 1 998 Session Ord. 98-242 



source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved February 27, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-242 
Council Bill 98-506 

An Ordinance Concerning 

Zoning — Conditional Use — Removal of Altering Certain 
Restrictions — 2041 East Fayette Street 

For the purpose of removing altering certain restrictions on the conditional 
use ordinance for a home for homel e ss persons and residential 
e mergency diagnostic cent e r the Woodbourne Center on the property 
known as 2041 East Fayette Street. 

BY repealing and amending 
Ordinance 88-182 
Section(s) 1 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Ordinance 88-182 

Section 1. Be it ordained by the Mayor and City 
Council of Baltimore, That permission is hereby 
granted to Woodbourne, Inc. for the establishment, 
maintenance and operation of a hom e for homel e ss persons 
the Woodbourne Center on the property known as 2041 E. 
Fayette Street, as outlined in red on the plats accompanying 
this ordinance, under the provisions of Sections 4.8- Id and 
1 1 .0-6d of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended) title "Zoning" [, subject 
to the conditions that the center shall house a maximum of 



49 



Ord. 98-243 1 997- 1 998 Session 



50 children, ages 0-14, and that no child shall reside there 
for more than 60 davsl , subject to the following conditions: 

(1) the Center shall be operated solely for the purpose of 
maintaining and operating a children's diagnostic treatment 
center; 

(2) no child may reside at the Center for longer than 1 year; 

(3) the maximum age of any child residing at the Center is 16; 

(4) at no time may the maximum number of children residing at 
the Center exceed 55, and no more than 25% of the 55 
children may be over the age of 14; and 

(5) Woodbourne Center's Board of Directors must have 2 
members of the Butchers Hill Association on it, and 
Woodbourne Center's Advisory Board must have 2 
members of the Butchers Hill Association on it. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved March 16, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-243 
Council Bill 97-534 

An Ordinance Concerning 

Firearm Access by Minors — Child Safety Locks 

For the purpose of requiring a licensed firearm dealer to provide a child 
safety lock with every firearm that the dealer sells, leases, or otherwise 
transfers; requiring a licensed firearm dealer to post certain notices; 
authorizing the Police Commissioner to adopt certain rules and 
regulations; defining certain terms; correcting, conforming, and 
clarifying certain language; and generally relating to firearm access by 
minors. 



50 



1 997- 1 998 Session Ord. 98-243 

By repealing and reordaining, with amendments 
Article 19 - Police Ordinances 
Section(s) 117A 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 19 - Police Ordinances 

Subtitle - Pistols and Guns 

1 17 A. Access to firearms by minors, 
(a) Definitions. 

(1) IN GENERAL. 

[For the purposes of this Section] IN THIS SECTION, the 
following terms [shall] have the meanings indicated [unless their context 
requires a different meaning:]. 

(2) ammunition. 

"Ammunition" means any cartridge, shell, or other 
device that contains explosive or incendiary material and is 
designed or intended for use in any firearm. 

(3) Child safety lock. 

"Child safety lock" means: 

(i) a device that, when locked in place, prevents the 
trigger from being moved and can itself be removed only by using a 

KEY OR COMBINATION; OR 

(II) ANY OTHER DEVICE THAT: 



51 



Ord. 98-243 1 997- 1 998 Session 



1 . when locked in place, otherwise renders the 
firearm inoperable and can itself be removed only by using a key 
or combination; and 

2. has been approved for this purpose by the 
Police Commissioner. 

(4) Firearm. 

[(1)] "Firearm" [shall mean a] means any pistol, revolver, 
rifle, shotgun, short-barreled rifle, short-barreled shotgun, or [any] other 
firearm, except [for] an inoperable antique firearm[;]. 

(5) Minor. 

[(2)] "Minor" [shall mean] means any person under the age of 

mm. 

[(3) "Ammunition" shall mean any ammunition cartridge, shell 
or other device containing explosive or incendiary material designed and 
intended for use in any firearm.] 

(b) Access by minors prohibited. 

(1) Except as provided in PARAGRAPH (2) OF this [section] 
SUBSECTION, a person [shall] may not leave a loaded firearm, or an 
unloaded firearm THAT IS in close proximity to ammunition, in any location 
where the person knows[,] or reasonably should know[,] that an 
unsupervised minor [may] MIGHT gain access to the firearm. 

(2) [(c) This section shall] Paragraph (1) of this subsection 
DOES not apply [where] IF: 

(I) [(1) A] THE minor's access to [a] THE firearm is supervised 
by a person 21 years [of age] OLD or older; 

(II) [(2) A] THE firearm is in a locked gun cabinet or similar 
locked location [,]; [or] 

(III) THE FIREARM is secured with a [trigger lock or other 
similar device which prevents the firearm from discharging ammunition] 
CHILD SAFETY LOCK; 



52 



1 997- 1 998 Session Ord. 98-243 



(IV) [(3) A minor's] THE MINOR OBTAINED access to [a] THE 
firearm [was obtained] as [a] THE result of an unlawful entry to the 
premises; or 

( v ) [(4) A] THE firearm is in the possession or control of a law 
enforcement officer while the officer is engaged in official duties. 

(c) Dealers to provide safety locks. 

[(d)( 1 )] A LICENSED FIREARM DEALER MAY NOT SELL, LEASE, OR 
OTHERWISE TRANSFER A FIREARM WITHOUT AN ACCOMPANYING CHILD 
SAFETY LOCK SUITABLE FOR THAT FIREARM. [When selling any firearm, a 
licensed firearm] The dealer [shall explicitly offer to sell or give a trigger 
lock or similar device to prevent the firearm from discharging ammunition] 
MUST PROVIDE THE CHILD SAFETY LOCK TO the [purchaser] RECIPIENT OF THE 

firearm when transferring the firearm. the dealer may charge for 
the child safety lock. 

(d) Notices. 

[(2) At every purchase counter in every store, shop or sales outlet 
where firearms are sold, the following warning in block letters not less than 
one inch in height shall be conspicuously posted: "It is unlawful to have a 
loaded firearm, or an unloaded firearm in close proximity to ammunition, 
where a minor can obtain access to the firearm."] 

( 1 ) A LICENSED FIREARM DEALER WHO SELLS, LEASES, OR 
OTHERWISE TRANSFERS A FIREARM MUST POST CONSPICUOUSLY IN THE 
DEALER'S PLACE OF BUSINESS: 

(I) A NOTICE OF THE PROHIBITION IN SUBSECTION (B) OF THIS 
SECTION AGAINST LEAVING A FIREARM WHERE AN UNSUPERVISED MINOR CAN 
OBTAIN ACCESS TO IT; AND 

(II) A NOTICE OF THE PROHIBITION IN SUBSECTION (C) OF THIS 
SECTION AGAINST THE TRANSFER OF A FIREARM WITHOUT AN ACCOMPANYING 
CHILD SAFETY LOCK. 

(2) IF THE TRANSACTION OCCURS OUTSIDE THE DEALER'S PLACE OF 
BUSINESS, OR IF THE DEALER DOES NOT MAINTAIN A PLACE OF BUSINESS IN A 
COMMERCIAL ESTABLISHMENT, THE DEALER MUST PROVIDE THE REQUIRED 
NOTICES IN WRITING WHEN TRANSFERRING THE FIREARM. 



53 



Ord. 98-244 1 997- 1 998 Session 



(e) Rules and regulations. 

The Police Commissioner may adopt rules and regulations to 
carry out this section, including but not limited to rules or 
regulations governing the wording, size, and placement of the 
notices required by this section. 

(f) Penalties. 

[(e)] Any person who violates any provision of this section OR OF A 
RULE OR REGULATION ADOPTED UNDER THIS SECTION [shall be] IS guilty of a 
misdemeanor and, [upon] ON conviction, [shall be] IS subject to a fine of [up 
to] $ 1 ,000 or TO imprisonment for 1 year[,] or both. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved March 16, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-244 
Council Bill 97-554 

An Ordinance Concerning 

Zoning — Conditional Use Convalescent, Nursing, 
and Rest Home — 4215 Bayonne Avenue 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a convalescent, nursing, 
and rest home on the property known as 4215 Bayonne Avenue, as 
outlined in red on the accompanying plat. 



54 



1 997- 1 998 Session Ord. 98-244 



By authority of 

Article 30 - Zoning 

Section(s)4.4-ld-l and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a convalescent, nursing, and rest home on the 
property known as 4215 Bayonne Avenue, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 4.4-ld-l 
and 1 1.0-6d of the Baltimore City Code, subject to the following conditions: 

1. that the occupants, other than resident managers, be limited to those 
individuals 60 years of age or older; an4 

2. that there be no more than 16 assisted living beds and two care giver 
rooms on the property; 

3. that the applicant must install a sprinkler system in accordance with 
the specifications of the licensing agency; 

4. that the applicant is allowed to construct, subject to design approval 
by the Department of Planning, a covered deck, an access ramp to the deck, 
and an enclosed porch; 

5. that the applicant may not make any site improvements without the 
Department of Planning' s approval of the proposed Site Plan; 

6. that the applicant must install a stair lift when instructed to do so by 
the licensing agency; and 

27. that the home complies with all applicable federal, state, and local 
licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 

55 



Ord. 98-245 1 997- 1 998 Session 



Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved March 16, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-245 
Council Bill 97-566 

An Ordinance Concerning 

Sale of City Property — 4700 Pulaski Highway 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
located at 4700 Pulaski Highway and no longer needed for public use; 
and providing for a special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the Comptroller of Baltimore City may sell, at either public or private sale, 
all the interest of the Mayor and City Council of Baltimore in the property 
located at 4700 Pulaski Highway (Lot 2B, Ward 26, Section 20, Block 
6169), Baltimore, Maryland, and more particularly described as follows: 

the parcel of improved land, approximately .83 acres, lying 
north of Pulaski Highway, west of 4726 Pulaski Highway, 
east of 4600 Pulaski Highway, and south of the alley 
serving the 4400 block of Monument Street, this property 
being no longer needed for public use. 



56 



1 997- 1 998 Session Ord. 98-246 



Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved March 16, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-246 
Council Bill 98-625 

An Ordinance Concerning 

Supplementary Special Fund Capital Appropriation — 
Fire Department — $22,750,000 $25,000,000 

For the purpose of providing a Supplementary Special Fund Capital 
Appropriation in the amount of $22,750,000 $25,000,000 to the Fire 
Department (Account #9920-208-026), to provide funding for the 
construction and installation of the Communication System - 
Modernization project; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 998 was 



57 



Ord. 98-247 1 997- 1 998 SESSION 



formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On February 11, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $22,750,000 $25,000,000 shall be made available to the 
Fire Department (Account #9920-208-026) as a Supplementary Special 
Fund Capital Appropriation for Fiscal Year 1998, to provide funding for the 
construction and installation of the Communication System - Modernization 
project. The source of revenue for this appropriation is from the sale of 
Certificates of Participation in excess of the amount from this source that 
was relied on by the Board of Estimates in determining the tax levy required 
to balance the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved March 16, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-247 
Council Bill 98-640 

An Ordinance Concerning 



General Fund Appropriation Transfer — 

Fire Department Communication System-Modernization (Capital) 

to MR-Conditional Purchase Agreements — 

Debt Service (Operating) — $22,750,000 

FOR the purpose transferring a Fire Department Communication System- 
Modernization (Program 208) Capital Appropriation in the amount of 
$22,750,000 to MR-Conditional Purchase Agreements — Debt Service 
(Program 129) to defease outstanding debt; and providing for a special 
effective date. 



58 



1 997- 1 998 Session Ord. 98-248 



By authority of 

Article VI - Board of Estimates 
Section 9(a)(2) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

Article VI, § 9(a)(2) of the Charter of Baltimore City provides that, 
upon recommendation of the Board of Estimates, the City Council, by 
Ordinance, may authorize the transfer of an appropriation contained in the 
Ordinance of Estimates from one municipal agency to another municipal 
agency. 

The sum of $22,750,000 was appropriated in the Fire Department 
Communication System-Modernization capital project account (Program 
208) in the Fiscal 1997 and Fiscal 1998 Ordinance of Estimates, and the 
sum of $22,750,000 is not needed for the purpose for which it was 
appropriated and, therefore, is available for transfer to another agency. 

On February 11, 1998, the Board of Estimates recommended the 
transfer authorized by this Ordinance. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the sum of $22,750,000 contained in the Fiscal 1997 and 
Fiscal 1998 Ordinance of Estimates as a Fire Department Communications- 
Modernization Capital Project (Program 208) capital appropriation is 
transferred to MR-Conditional Purchase Agreements — Debt Service 
(Program 129). 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved March 16, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-248 
Council Bill 97-493 

An Ordinance Concerning 



59 



Ord. 98-248 1 997- 1 998 Session 



Tax Credit - Brownfields 

FOR the purpose of electing to participate in the Brownfields Revitalization 
Incentive Program; providing certain property tax credits to qualified 
Brownfields sites; establishing certain guidelines governing eligibility 
for the credits; specifying the amount of the credits; providing for 
contributions by the City to the Brownfields Revitalization Incentive 
Fund; authorizing the Board of Estimates Director of Finance to adopt 
procedures and criteria for granting certain additional rules and 
regulations governing the grant of these credits; and generally relating 
to the grant of certain credits against certain City property taxes. 

By adding 

Article 28 - Taxes 

Section(s) 751 

Baltimore City Code 

(1983 Replacement Volume and 1995 and 1996 Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 28 - Taxes 

Subtitle - Tax Credits 

751. Brownfields property tax credit. 
(a) Definitions. 

( 1 ) In this section, the following words have the meanings 
indicated. 

(2) "Brownfields Incentive Fund" means the Brownfields 
Revitalization Incentive Fund established under Article 83 A, §9- 
304 of the Maryland Code. 

(2) "Brownfields Incentive Program" means the 
Brownfields Revitalization Incentive Program established under 
Article 83A, Title 3, Subtitle 9 of the Maryland Code. 



60 



1 997- 1 998 Session Ord. 98-248 



(3) "Brownfields site" means a qualified Brownfields site, 

AS DEFINED IN ARTICLE 83A, §3-901 (D) OF THE MARYLAND CODE. 

(4) "INCREASED PROPERTY TAX LIABILITY" MEANS THE REMAINING 
PROPERTY TAX LIABILITY, AFTER FIRST APPLYING ALL OTHER PROPERTY TAX 
CREDITS APPLICABLE TO THE SITE, ATTRIBUTABLE TO THE INCREASE IN THE 
ASSESSMENT OF A BROWNFIELDS SITE, INCLUDING IMPROVEMENTS ADDED TO 
THE SITE WITHIN THE TAX-CREDIT PERIOD PROVIDED FOR IN THIS SECTION, 
OVER THE ASSESSMENT OF THE BROWNFIELDS SITE BEFORE ITS VOLUNTARY 
CLEANUP 

(5) "New full time position" means a position that: 

(1) has been newly created and not shifted from 
another city facility of the same business; and 

(ii) requires at least 840 hours of any employee's time 
during a 6 month period. 

(b) Election to participate in Program. 

Pursuant to Article 83 A, §9-229 of the Maryland Code, the City 
of Baltimore elects to participate in the Brownfields Incentive 
Program and to provide the tax credits authorized by this section. 

(c) Tax-credit period. 

The credit granted by this section applies in each of the 
taxable years immediately following the first revaluation of the 
Brownfields site after completion of a voluntary cleanup or 
corrective action plan, for a total of: 

(1)5 taxable years; or 

(2) if the site is in a designated state enterprise zone, 1 
taxable years. 

(d) Basic 50% credit. 

the amount of the tax credit is 50% of the brownfields site's 
increased property tax liability. 



61 



Ord. 98-248 1 997- 1 998 Session 



(e) Additional 20% in credits for certain sites. 

( 1 ) The Board of Estimates may adopt procedures and 
criteria for granting additional credits of up to 20% FOR 
Brownfields sites, as provided in this subsection. 

(2) an additional credit of up to 10% of the site's increased 
property tax liability may be authorized by the Board for a 
Brownfields site if: 

(I) THE COST OF THE SITE'S VOLUNTARY CLEANUP AND 
IMPROVEMENT EFFORTS EQUALS $ 1 ,000,000 OR, IF LESS, 50% OF THE 
PROPERTY'S FULL CASH VALUE BEFORE THE CLEANUP AND IMPROVEMENTS; 
AND 

(ii) the voluntary cleanup and improvement efforts 
result in the creation of at least 50 new full time positions, at 
least half of which are held by residents of the clty. 

(3) The additional credit authorized under this subsection 
may be increased by the board to up to 20% of the site's increased 
property tax liability if: 

(i) the cost of the site's voluntary cleanup and 
improvement efforts equals the amount specified in paragraph (2)(l) 
of this subsection; and 

(ii) the voluntary cleanup and improvement efforts 
result in the creation of at least 100 new full time positions, at 
least half of which are held by residents of the clty. 

an additional credit of 20% of a brownfields site's increased 
property tax liability shall be granted if the aggregate cost of 
the site's purchase and the voluntary cleanup or corrective action 
plan efforts equals or exceeds $250,000. 

(f) Contribution to Incentive Fund. 

For the 5 year each year of the tax-credit period specified in 
subsection (c)(4-) of this section, the clty shall contribute to the 
Brownfields Incentive Fund an amount equal to 30% of a 
brownfields site's increased property tax liability. 



62 



1 997- 1 998 Session Ord. 98-248 



(g) Credits transferability. 

The credits provided for in subsections (d) and (e) of this 
section may be transferred to a purchaser of the property for the 
remaining term of the credit. 

(G) (h) Termination of credit. 

The tax credit granted under this section terminates if: 

( 1 ) the recipient of the credit withdraws from the 
voluntary cleanup program under §7-5 1 2(a) or (b) of the 
Environment Article; 

(2) the Department of the Environment withdraws 
approval of a response action plan or a certificate of completion 
under §7-5 1 2(e) and (f) of the environment article; or 

(3) the recipient of the credit otherwise ceases to qualify 
for the credit under this section or the rules and regulations 
adopted under this section. 

(h) Rules and regulations. 

The Department of Finance may adopt rules and regulations to 
carry out the provisions of this section. 

(i) Application for credit. 

( 1) An application for a tax credit under this section must 
be filed in the first taxable year in which the property qualifies. 

(2) The application must be made on the form and contain 
the information that the director of finance specifies. 

(3) Before a credit may be granted, the applicant must 
provide satisfactory evidence of: 

(i) completion of a voluntary cleanup or corrective 
action plan approved by the state department of the environment; 

AND 



63 



ORD. 98-248 1 997- 1 998 SESSION 



(ii) for the additional credit provided under subsection 
(e) of this section, the cost of the site's purchase and of the 
voluntary cleanup or corrective action plan. 

(j) administration. 

The Director of Finance may: 

(1 ) adopt rules and regulations to carry out the provisions 
of this section; 

(2) settle any disputed claims arising in connection with 
the credit authorized by this section; and 

(3) delegate his or her powers and duties to administer this 
section to any employee or agency of the clty. 

Section 2. And be it further ordained, That the provisions of this 
Ordinance are not severable and, if any provision of this Ordinance or the 
application of that provision to any person or circumstance is held invalid 
for any reason in a court of competent jurisdiction, no other provision or 
application of this Ordinance may be given effect. 

Section 3. And be it further ordained. That if a court of 
competent jurisdiction or the Attorney General requires that the City's 
contribution to the Brownfields Incentive Fund under § 751(f) be based on 
anything other than the increased property tax liability, as defined in 
§ 751(a)(4), this Ordinance is abrogated and of no further force and effect as 
of the effective date of the requirement. That abrogation, however, may not 
affect any tax credits granted or applied for as of the date of abrogation. 

Section 3 4. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 4 5. And be it further ordained, That this Ordinance 
takes effect on the 30th day after the date it is enacted. 

Approved March 17, 1998 

Kurt L. Schmoke, Mayor 



64 



1 997- 1 998 Session Ord. 98-249 



City of Baltimore 
Ordinance 98-249 
Council Bill 97-575 

An Ordinance Concerning 

Franchise Amendment — 
Heating and Chilled Water Distribution System 

FOR the purpose of amending the authority granted to Baltimore Gas and 
Electric Company, its successors and assigns, to construct, lay, operate, 
and maintain subways and pipelines on, under, and along certain streets, 
lanes, and alleys in the City of Baltimore; authorizing Baltimore Gas 
and Electric Company, its successors and assigns, to construct, lay, 
operate, and maintain pipelines over and above certain streets, lanes, 
and alleys in the City of Baltimore; and providing for a special effective 
date. 

Recitals 

In May 1995, Baltimore Gas and Electric Company ("BGE") formed 
and became majority owner of a general partnership, the District Chilled 
Water General Partnership ("Partnership"), to engage in the business of 
constructing, owning, and operating facilities in the City of Baltimore to 
produce, store, and sell to municipal, state, federal, and commercial 
customers chilled water for use in air conditioning, and hot water and steam 
for heating and other purposes. 

By Ordinance 95-624, BGE, its successors and assigns, were granted a 
franchise to construct, own, and operate a chilled water and heating 
distribution system on, under, and along certain streets, lanes, and alleys in 
the City of Baltimore. 

Through and on behalf of the Partnership, BGE has requested franchise 
rights for the construction and operation of pipelines over and above certain 
streets, lanes, and alleys in the City of Baltimore for the purpose of 
transmitting heat and chilled water. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the franchise granted by Ordinance 95-624 to Baltimore 
Gas and Electric Company, its successors and assigns (collectively, the 
"Grantee") is amended to permit the Grantee to construct, lay, operate, and 
maintain pipelines, including the necessary pipes, valves, connections, and 



65 



ORD. 98-249 1 997- 1 998 SESSION 



associated appurtenances, over and above certain streets, lanes, and alleys 
in the City of Baltimore, as may be necessary for the purpose of transmitting 
heat or refrigeration or both heat and refrigeration. 

Section 2. And be it further ordained, That, subject to the 
provisions of Ordinance 95-624, as amended by this Ordinance, the Grantee 
is authorized to construct, lay, and maintain these pipelines, including the 
necessary pipes, valves, connections, and associated appurtenances over and 
above certain streets, lanes, and alleys in the City of Baltimore. 

Section 3. And be it further ordained, That to be effective, the 
franchise or right granted by the Ordinance (the "Franchise") must be 
exercised and enjoyed within 6 months after the effective date of this 
Ordinance. 

Section 4. And be it further ordained, That as compensation for 
the Franchise, the Grantee shall pay the Mayor and City Council of 
Baltimore a franchise charge at the rates paid under Ordinance 95-624, 
subject to increase or decrease as provided in Section 6 of this Ordinance. 
The franchise charge is payable annually as provided in Ordinance 95-624. 

Section 5. And be it further ordained, That: 

(a) The initial term of the Franchise is the period ending 14 years 
from the effective date of Ordinance 95-624 (November 29, 1995). 

(b) Unless sooner terminated as provided in Ordinance 95-624, the 
Franchise will automatically renew, without any action by either the Mayor 
and City Council of Baltimore or the Grantee, for 25 consecutive 1-year 
renewal terms. Except as otherwise provided in this Ordinance, each 
renewal term will be on the same terms and conditions as the original term. 
The maximum duration for which the Franchise may operate after the initial 
term is 25 years. 

Section 6. And be it further ordained, That for each renewal 
term, the Mayor and City Council of Baltimore, acting by and through the 
Board of Estimates, may increase or decrease the annual franchise charge 
by giving written notice of the increase or decrease to the Grantee at least 
1 50 days before the end of the original or renewal term immediately 
preceding the renewal term to which the increase or decrease will first 
apply. The new franchise charge will apply to all subsequent annual 
renewal terms, unless again increased or decreased in accordance with this 
section. 



66 



1 997- 1 998 Session Ord. 98-250 



Section 7. And be it further ordained, That before exercising any 
of the privileges granted by this Ordinance, the Grantee shall submit to the 
Director of Public Works and obtain the Director's approval of a plan 
showing the location and character of the proposed work. All work done 
under this Ordinance shall be performed to the satisfaction of the Director 
of Public Works. 

Section 8. And be it further ordained, That the Mayor and City 
Council of Baltimore expressly reserves the right at all times to exercise, in 
the interest of the public, full municipal superintendence, regulation, and 
control over and in respect to all matters connected with this grant and not 
inconsistent with its terms. 

Section 9. And be it further ordained, That, except as otherwise 
provided in this Ordinance, the Grantee's privilege to lay, operate, and 
maintain pipelines over and above certain streets, lanes ,and alleys in 
Baltimore City is subject in all respects to the terms and conditions of 
Ordinance 95-624, which remains in full force and effect. 

Section 10. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 

Approved March 24, 1998 

KURT L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-250 
Council Bill 97-498 

An Ordinance Concerning 

Renaming City Property - Greenspring Middle 
School to Roland N. Patterson, Sr. Academy 

FOR the purpose of changing the name of Greenspring Middle School, 
located 4701 Greenspring Avenue, to Roland N. Patterson, Sr. 
Academy. 



67 



Ord. 98-25 1 1 997- 1 998 Session 



By authority of 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section 229 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the mayor and city council of 
BALTIMORE, That the name of Greenspring Middle School, located 4701 
Greenspring Avenue, is changed to Roland N. Patterson, Sr. Academy. 

Section 2. And it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved April 1, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-251 
Council Bill 97-556 

An Ordinance Concerning 

Sale of City Property — 3416 Carlisle Avenue 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
that is located at 3416 Carlisle Avenue and is no longer needed for 
public use; and providing for a special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Counco, of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the Comptroller of Baltimore City may sell, at either public or private sale, 
all the interest of the Mayor and City Council of Baltimore in the property 
located at 3416 Carlisle Avenue, Baltimore, Maryland, containing 7,500 
square feet, more or less, of unimproved land, this property being no longer 
needed for public use. 

68 



1 997- 1 998 Session Ord. 98-252 



Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved April 1, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-252 
Council Bill 97-414 

An Ordinance Concerning 

Zoning - Certified Massage Therapists 

For the purpose of adding offices of certified massage therapists to the list 
of conditional uses requiring authorization by ordinance in the O-R 
District and to the list of permitted uses in the B-2, B-3, B-4, B-5, 
M-l, M-2, and M-3 districts; providing for certain off-street parking 
spaces; and defining a term certain terms . 

BY adding 

Article 30 - Zoning 

Section(s) 5.1 lc 18 5.1-ld-10 , 6.2-lb-15a, 7.1-lb-20a, 9.0-3, 

13.0-2-16A , 16B 
Baltimore City Code 
(1983 Replacement Volume and 1996 Supplement) 

Section 1. Be it ordained by the mayor and city council of 
BALTIMORE, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 30 - Zoning 

Chapter 5 - Office Residence District 



69 



Ord. 98-252 1997-1998 Session 

5.1-1. Use regulations. 

c. Conditional uses, d. Notwithstanding other provisions of this 
ordinance, the following uses as conditional uses shall require authorization 
by ordinance of the Mayor and City Council subject to the requirements and 
provisions of Section 1 1.0-6d: 

±& 10. Certified massage therapists' offices 

Chapter 6 - Business Districts 

6.2-1. Use regulations. 

b. Permitted uses. 

15 A. Certified massage therapists' offices 
Chapter 7 - Industrial Districts 
7.1-1. Use regulations, 
b. Permitted uses 

20A. Certified massage therapists' offices 
9.0-3. Schedule of required off-street parking spaces. 

Off-street parking spaces shall be provided as follows: 

Uses Parking Spaces Required 

Certified massage therapist's office: 

O-R, M- 1 , M-2, M-3 One for each certified 

massage therapist's 
station or table at the 

LOCATION 

Chapter 13 - Rules and Definitions 

13.0-2. Definitions. 



70 



1997-1998 Session Ord. 98-253 



16A. Certified massage therapist: an individual who is certified 
by the State Board of Chiropractic Examiners to practice massage 

THERAPY. 

16B. Certified massage therapist's office: A location at which 
only individuals who are certified by the state board of 
Chiropractic Examiners practice massage therapy. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved April 8, 1998 



KURT L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-253 
Council Bill 98-621 

An Ordinance Concerning 



Payments in Lieu of Taxes — Hotel Facilities on City Land 
in Urban Renewal Areas 

FOR the purpose of authorizing and providing for negotiated payments in 
lieu of taxes ("PILOTs") in connection with the lease of hotel facilities 
located on land owned by the Mayor and City Council of Baltimore; 
authorizing the Mayor and City Council of Baltimore to effectuate 
PILOTs for such leasehold hotel facilities, including related parking 
facilities, by any and all necessary and proper means; making certain 
legislative findings concerning the public benefits and purposes of this 
Ordinance; providing that the assessment of the properties shall be 
carried on the assessment books as though the properties were taxable 
for the purpose of determining the amount of any State of Maryland aid 
that is based on the assessable base of the City; providing that the 
economic terms to be incorporated into any PILOT Agreement must 
first be approved by an Ordinance of the Mayor and City Council; 
authorizing the Board of Estimates of the City of Baltimore to approve 



71 



Ord. 98-253 1997-1998 Session 



the final terms of the PILOTs and the disposition agreements for which the 
PILOTs are negotiated; and providing for a special effective date. 

BY authority of: 

Tax Property Article 

Section 7-50 1(b) 

Annotated Code of Maryland 

(1994 Replacement Volume and 1997 Cumulative Supplement) 

Recitals 

Section 7-501 of the Tax Property Article of the Annotated Code of 
Maryland (the "Enabling Law") authorizes the Mayor and City Council of 
Baltimore (the "City") to exempt from municipal property tax in the City 
and to accept a negotiated payment in lieu of taxes on property owned by 
the City that is leased or otherwise made available to any person with a 
business that is conducted for profit, although the Enabling Law requires 
that the assessment of the property be included in the assessable base of the 
City to determine the amount of any State of Maryland aid that is based on 
the assessable base of the City. 

The City desires to encourage the development of hotel facilities 
(including related facilities such as parking) in urban renewal areas to foster 
and stimulate economic growth in these areas. To accomplish this, the City 
desires the ability to offer a PILOT to prospective developers, lessees, 
sublessees, transferees, or purchasers of hotel facilities in connection with 
or as part of the disposition agreements for such facilities. 

Authorizing the use of a PILOT in connection with or as part of a 
disposition agreement for hotel facilities located in urban renewal areas of 
the City is in the best interest of the City and will achieve significant public 
benefits and purposes including (i) the addition of properties to the tax rolls 
of the City and the resulting increase in tax revenues, (ii) the encouragement 
of the economic development of the City, including the use of resources T 
ingenuity, and entrepreneurial talents of the private sector to develop, 
operate, and manage hotel facilities efficiently, (iii) the creation of job 
opportunities, (iv) the promotion of tourism, and (iv) (v) the general 
promotion and improvement of the City and its facilities in order to foster 
and maintain the City and its image as a h e althy positive environment for 
the growth of business and industry and the continuing economic well-being 
of its residents, both individual and corporate, thereby further encouraging 
the health, welfare, and safety of the citizens of the State of Maryland and of 
the City. 



72 



1997-1998 Session Ord. 98-253 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is hereby found and determined that: 

(1) There is a need for additional hotel facilities in the urban 
renewal areas of the City to provide a positive atmosphere for the tourism 
and convention businesses. 

(2) The authorization by the Board of Estimates of the City to 
approve a PILOT in connection with or as a part of any disposition 
agreem e nt entered into on or after January 1 , 1 997 any lease of City-owned 
property entered into on or after January 1, 1998 , for hotel facilities in an 
urban renewal area will substantially aid in achieving and encouraging 
economic development in the City. 

Section 2. And be it further ordained, That, acting pursuant to 
the provisions of the Enabling Law, the City is authorized to exempt from 
municipal taxation hotel facilities (as defined in Section 5 of this 
Ordinance) that are on City-owned property within any urban renewal area 
and that, on or after January 1 , 1997 1998 , are leased or otherwise made 
available to any person who uses the property in connection with a business 
that is conducted for profit and who is authorized to accept a PILOT in 
accordance with the terms and conditions of an agreement (a "PILOT 
Agreement") approved by the Board of Estimates ; provided, however, that 
the assessment of the these hotel facilities shall be included in the 
assessable base of the City to determine the amount of any State of 
Maryland aid that is based on the assessable base of the City. 

Section 3. And be it further ordained, That the City is authorized 
to negotiate a PILOT Agreement in connection with or as part of any 
agreement negotiated on or after January 1, 1997, for the any lease after 
January 1, 1998, of any City-owned property within any urban renewal area 
for use as hotel facilities. However, the economic terms to be incorporated 
into any PILOT Agreement must be approved by an Ordinance of the Mayor 
and City Council before the Board of Estimates gives final approval to the 
PILOT Agreement. 

Section 4. And be it further ordained, That, for the purpose of 
this Ordinance, the term "City-owned property" shall mean means any 
ownership interest held by the City in the applicable real property, including 
legal title to the property, whether in fee or as a leasehold interest, an4 
whether or not subject to a ground lease , and whether now owned or later 
acquired by the City . 



73 



Ord. 98-253 1 997- 1 998 Session 



Section 5. And be it further ordained, That for the purpose of 
this Ordinance, the term "hotel facilities" shall mean means any land and 
improvements thereon, or a portion thereof, eith e r now located or to be 
constructed T for the use and operation as a hotel for short-term guest rentals, 
including meeting facilities, banquet facilities, dining facilities, associated 
public or private parking facilities, and other related service facilities, and 
that has a minimum investment of $50,000,000 of private capital. As used 
in this Ordinance, "hotel facilities" shall does not include any City-owned 
property that is used, in whole or part, for the conduct of gaming or 
gambling activities; and all PILOT Agreements executed pursuant to this 
Ordinance must provide that the PILOT Agreement will terminate 
immediately if the property is no longer used as a hotel facility, as defined 
in this Ordinance. 

Section 6. And be it further ordained, That-any each PILOT 
Agreement shall contain the terms and conditions conform to the economic 
terms approved by an Ordinance of the Mayor and City Council and shall 
contain any additional terms that the Board of Estimates deems reasonably 
necessary to accomplish the purposes of this Ordinance, taking into account 
the specific needs of the particular hotel facility. 

Section 7. And be it further ordained, That the final terms of any 
PILOT Agreement or disposition agreement affecting any hotel facility and 
the final forms of all documents drafted in connection with it, are subject to 
the approval of the Board of Estimates. 

Section 8. And be it further ordained, That the provisions of this 
Ordinance are severable. If any provision, sentence, clause, section or part 
is held illegal, invalid, unconstitutional, or inapplicable to any person or 
circumstances, such illegality, invalidity, unconstitutionality, or 
inapplicability shall not affect or impair any of the remaining provisions, 
sentences, clauses, sections or parts of this Ordinance or its application to 
other persons or circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been adopted, if such illegal, invalid 
or unconstitutional provision, sentence, clause, section or part had not been 
included herein. 

Section 9. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Section 10. And be it further ordained. That the Director of 
Legislative Reference shall codify Sections 1 through 7 of this Ordinance in 
Article 28 of the Baltimore City Code. In codifying these Sections, the 



74 



1 997- 1 998 Session Ord. 98-254 



Director of Legislative Reference may correct numeration, capitalization, 
spelling, and non-substantive grammar and punctuation errors, as necessary 
or appropriate, and may renumber section, subsection, and paragraph 
headings and references to conform to or, as necessary, distinguish from 
those now used in the Code. 



Approved April 23, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-254 
Council Bill 98-630 

An Ordinance Concerning 



Payments in Lieu of Taxes — Hotel Facilities on City Land 
in Urban Renewal Areas — Inner Harbor East 

FOR the purpose of authorizing and providing for negotiated payments in 
lieu of taxes (a "PILOT') in connection with certain hotel and 
associated parking facilities in the Inner Harbor East Urban Renewal 
Area; authorizing the City of Baltimore to enter into all arrangements 
necessary to effectuate a PILOT for these hotel and parking facilities, 
by any and all necessary and proper means; approving the basic 
economic terms of the PILOT; authorizing the Board of Estimates to 
approve the final terms of the PILOT Agreement; and providing for a 
special effective date. 

By authority of 

Article 28 - Taxes 

Section(s) - 

Baltimore City Code 

(As enacted by Ordinance 98- (Council Bill 98-621)) 

Recitals 

Ordinance 98- (Council Bill 98-621) of the Mayor and City Council 

of Baltimore (the " City Enabling Law " ) authorizes the City to enter into 
PILOTs in connection with hotel facilities, including associated parking 
facilities, on City-owned property located in urban renewal areas of the 
City, subject to the review and approval by the City Council of the basic 
economic terms to be incorporated into any PILOT Agreement. 



75 



Ord. 98-254 1 997- 1 998 Session 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council finds and determines that: 

(1) It is in the best interest of the City to encourage quality hotel 
facilities in the Inner Harbor East Urban Renewal Area to contribute to a 
positive atmosphere for the tourism and convention businesses. 

(2) The City entered into a Development Agreement on July 23, 1997, 
in connection with hotel facilities to be located on or near Parcels A and H 
in the Inner Harbor East Urban Renewal Area, as described on the plat 
entitled "Plat of Inner Harbor East" recorded among the land records of 
Baltimore City at Liber S.E.B. 3363. 

(3) Authorizing the use of a PILOT in connection with the 
Development Agreement for Parcels A and H and contiguous or 
appurtenant land in the Inner Harbor East Urban Renewal Area of the City 
is in the best interest of the City and will achieve significant public benefits 
and purposes including (i) the encouragement of the economic development 
of the City, including the use of resources and entrepreneurial talents of the 
private sector to develop the entire Inner Harbor East Urban Renewal Area, 
(ii) the creation of job opportunities, (iii) the promotion of tourism, and (iv) 
the general promotion and improvement of the City and its facilities in order 
to foster and maintain the City and its image as a positive environment for 
the growth of business and industry and the continuing well-being of its 
residents, both individual and corporate, thereby further encouraging the 
health, welfare, and safety of the citizens of the City. 

Section 2. And be it further ordained, That the City may 
negotiate PILOT Agreements in connection with the hotel facilities to be 
constructed on Parcels A and H and contiguous or appurtenant land within 
the Inner Harbor East Urban Renewal Area on the following economic 
terms: 

(1) the PILOT Agreements shall be for a period of 25 years after their 
effective dates; 

(2) the effective dates of the PILOT Agreements shall be the dates that 
the leases described below become effective; 

(3) the negotiated payments in lieu of taxes shall be $1 per year for the 
term of the PILOT Agreements; 



76 



1 997- 1 998 Session Ord. 98-255 



(4) the City shall have an interest in the profits of the hotel facilities (or 
the portion the City deems appropriate); 

(5) the City may acquire and lease to the developers and owners of the 
hotel facilities, for a nominal amount, any of the land necessary to help 
effectuate the PILOT Agreements authorized by this Ordinance; and 

(6) the assessment of the hotel facilities shall be included in the 
assessable base of the City to determine the amount of any State of 
Maryland aid that is based on the assessable base of the City. 

Section 3. And be it further ordained, That terms used in this 
Ordinance have the meanings given those terms in the City Enabling Law. 

Section 4. And be it further ordained, That the PILOT 
Agreements authorized by this Ordinance shall conform to the terms of 
Section 2 of this Ordinance and may contain any additional terms and 
conditions that the Board of Estimates considers reasonably necessary to 
accomplish the purposes of this Ordinance, taking into account the specific 
needs of the particular hotel facility. 

Section 5. And be it further ordained, That the provisions of this 
Ordinance are severable. If any provision, sentence, clause, section, or part 
is held illegal, invalid, unconstitutional, or inapplicable to any person or 
circumstances, such illegality, invalidity, unconstitutionality, or 
inapplicability does not affect or impair any of the remaining provisions, 
sentences, clauses, sections, or parts of this Ordinance or its application to 
other persons or circumstances. It is declared to be the legislative intent 
that this Ordinance would have been adopted, if that illegal, invalid, or 
unconstitutional provision, sentence, clause, section, or part had not been 
included. 

Section 6. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved April 23, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-255 
Council Bill 97-501 



77 



Ord. 98-255 1 997- 1 998 Session 

An Ordinance Concerning 

Article 11 — Health — Smoking in City Buildings 

FOR the purpose of repealing, as redundant of State regulation, certain 
provisions of the Baltimore City Code that relate to the Advisory No 
Smoking Committee; and providing for a special effective date. 

By repealing 

Article 1 1 - Health 
Section(s) 277 and 282 
Baltimore City Code 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 11 — Health 

Subtitle — Smoking in City Buildings 

[277. Advisory No Smoking Committee. 

There is an Advisory No Smoking Committee whose members shall be 
named by the Commissioner. Representatives of certified city employee groups 
shall be included among the committee members. The committee shall assist 
the Commissioner in developing guidelines for the enforcement of this subtitle. 
The Committee shall periodically review city agency implementation of the 
provisions of this subtitle.] 

[282. Enforcement. 

(a) The Commissioner or his designee shall have the responsibility for 
monitoring and enforcing the provisions of this subtitle. 

(b) The Commissioner shall adopt enforcement guidelines which shall 
include: 

(1) employee disciplinary procedures; and 

(2) procedures for the issuance of written notices or citations.] 



78 



1 997- 1 998 Session Ord. 98-256 



Section 2. And be it further ordained, That the catchlines contained 
in this Ordinance are not law and may not be considered to have been enacted 
as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved May 6, 1 998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-256 
Council Bill 97-596 

An Ordinance Concerning 

Baltimore City Landmark List — Buena Vista 

For the purpose of designating Buena Vista, 1705 North Longwood Street, as 
a historical landmark. 

BY adding 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section(s) 40 (ff) (99) 

Baltimore City Code 

(1983 Replacement Volume and 1996 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Commission for Historical and Architectural Preservation 

40. Created; powers; duties, 
(ff) Landmark list. 



79 



Ord. 98-257 1 997- 1 998 Session 



The following structures, having been approved by the Planning 
Commission, are hereby declared to be historical or architectural 
landmarks: 

(99) Buena Vista, 1 705 North Longwood Street, Lot 1 6 in Block 
517. 

Section 2. And be it further ordained, That the catchlines contained 
in this Ordinance are not law and may not be considered to have been enacted 
as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved May 6, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-257 
Council Bill 97-597 



An Ordinance Concerning 

Baltimore City Landmark List — The George Howard House 

For the purpose of designating the George Howard House, 8 East Madison 
Street, as a historical landmark. 

By adding 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section(s) 40 (ff) (99) 

Baltimore City Code 

(1983 Replacement Volume and 1996 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Commission for Historical and Architectural Preservation 



80 



1997-1998 Session Ord. 98-258 



40. Created; powers; duties. 

(ff) Landmark list. 

The following structures, having been approved by the Planning 
Commission, are hereby declared to be historical or architectural 
landmarks: 

(99) The George Howard House, 8 East Madison Street, Lot 
37 A in block 2411. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved May 6, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-258 
Council Bill 98-606 

An Ordinance Concerning 



Zoning — Conditional Use Auditorium and 
Concert Hall /Meeting and Banquet Hall — 3301 Annapolis Road 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of an auditorium and concert 
hall /meeting and banquet hall on the property known as 3301 Annapolis 
Road, as outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.2-ld-10, 6.2-ld-12, 6.3-ld-13, 6.3-ld-15, and 1 1.0-6d 



81 



Ord. 98-258 1997-1998 Session 



Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an auditorium and concert hall /meeting and 
banquet hall on the property known as 3301 Annapolis Road, as outlined in 
red on the plat accompanying this Ordinance, in accordance with Article 30, 
§§ 6.2-ld-10, 6.2-ld-12, 6.3-ld-13, 6.3-ld-15, and 1 1.0-6d of the Baltimore 
City Code, subject to the condition that following conditions: 

( 1 ) this conditional use approval is limited to Phase I of the plan for 
the Patapsco Arena, and further City Council approval will be 
required for Phase II of the plan; 

(2) the maximum capacity of the facility is 2,300 persons; 

(3) the facility may be used as a bingo hall only periodically; 

(4) the facility may not be used for: 

(i) selling or showing any types of firearms; 

(ii) a bar; 

(iii) a tavern; or 

(iv) a dance hall with live entertainment; 

(5) parking shall be provided for a minimum of 230 vehicles, 152 
of which are to be onsite, and the remainder of which are to be 
provided by a lease agreement for use of the adjacent flea 
market parking lot, and if the lease for off-street parking 
expires, the use authorized by this Ordinance automatically 
expires; 

(6) the hours of operation are limited to the hours between 6:00 
a.m. and 2:00 a.m.; 

(7) there shall be a maximum of one free-standing identification 
sign; the free-standing sign will be limited to a maximum area 
of 80 square feet in total area and 25 feet in height; other 



82 



1997-1998 Session Ord. 98-258 



signage may be mounted on the building; all signs must be 
approved by the Planning Department; 

(8) the owners are limited to obtaining a one-day liquor license or 
an arena license for any events that are to take place, and no 
other liquor license may be applied for or used; 

(9) the owners must provide ample security for the facility, 
including the parking areas, to ensure a nuisance-free 
environment; 

(10) the owners must notify the Southern District Police prior to 
having an event where alcohol is served; 

(11) any change in ownership or operation of the arena from BBB 
Management to another entity must be expressly approved by 
an amendment to this Ordinance; 

(12) landscaping will include 2 Vi inch caliper trees, planted 20 feet 
on center along the Annapolis Road street edge; 

(13) the Planning Department must approve any site plan changes 
prior to the issuance of occupancy permits for this facility; 

(14) building permits must be submitted for all improvements and 
must be signed by Department of Planning staff and approved 
by the City, and all items, including landscaping, must be 
completed before the Department of Housing and Community 
Development grants an occupancy permit; and 

(15) the auditorium and concert hall facility complies must comply 
with all applicable federal, state, and local licensing and 
certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 



83 



Ord. 98-259 1 997- 1 998 Session 



Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved May 6, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-259 
Council Bill 98-619 

An Ordinance Concerning 

Zoning — Conditional Use Pawn Shop — 
529 Old Town Mall 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a pawn shop on the 
property known as 529 Old Town Mall, as outlined in red on the 
accompanying plat ; and providing for a special effective date . 

By authority of 

Article 30 - Zoning 

Section(s) 6.2- Id- 17 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1996 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of pawn shop on the property known as 529 Old 
Town Mall, as outlined in red on the plat accompanying this Ordinance, in 
accordance with Article 30, §§ 6.2-ld-17 and 1 1.0-6d of the Baltimore City 
Code, subject to the condition that following conditions: 

(1) the pawn shop is limited to a maximum area of 3,000 square 
feet; 



84 



1 997- 1 998 Session Ord. 98-260 



(2) expansion of the pawn shop operation by the applicant, or any 

subsequent owner, must be expressly approved by an 
amendment to this Ordinance; 

(3) the sale or trading of guns or other types of firearms is 

prohibited; and 

(4) the pawn shop complies must comply with all applicable 

federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved May 6, 1998 



KurtL. SCHMOKE, Mayor 



City of Baltimore 
Ordinance 98-260 
Council Bill 98-668 

An Ordinance Concerning 

Charles Village Community Benefits District and 
Management Authority — Number of Board Members 

FOR the purpose of providing for a new maximum number of members of 
the Board of Directors of the Charles Village Community Benefits 
District Management Authority; providing for a new minimum number 
of members to be from certain organizations; adding a legislative 
recommendation; and clarifying and correcting certain language. 



85 



Ord. 98-260 1 997- 1 998 Session 



By repealing and reordaining, with amendments 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section(s) 253 and 258(a)(2) and (b)(3) 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, to read 
as follows: 

Article 1 — Mayor, City Council, and Municipal Agencies 

Community Benefits Districts and Authorities 

Charles Village Community Benefits District and Management Authority 

253. [Findings of factl DECLARATIONS. 

(a) Findings. 

After giving consideration to the views of property owners, the 
retail merchants, the property tenants, and other members of the business 
and residential communities within the [district! DISTRICT, and after a 
public hearing, the Mayor and City Council has determined that: 

T(a)1 (1) the fdistrictl DISTRICT created under this subtitle will reflect a 
diverse mix of business and residential properties: and 

[(b)! (2) the fdistrictl DISTRICT will reflect a diverse economic, social, 
and racial mix. 

(b) Intent and recommendation. 

(1) [Furthermore, it is the intent of thel The Mayor and City 
Council INTENDS fthat the Charles Village Community Benefits District 
authorized by! this subtitle f shall! TO be a pilot program. 

(2) The Mayor and City Council recommends that residents 
of the District consult a tax advisor before treating the 
supplemental tax paid to the District as a deductible tax. 



86 



1 997- 1 998 Session Ord. 98-26 1 



258. Authority; Board of Directors. 

(a)(2) The number of members of the full board [shall] MUST be [not 
less than thirteen (13)] at LEAST 13, excluding vacancies, and no more than 
[twenty-five (25)] 26. The interim board shall propose to the Board of 
Estimates the initial full membership of the board and the proposed terms 
for each director. The terms of the members shall be staggered. Interim 
board members may be included in the recommended full board list. [Such] 
The recommendation shall occur no later than [ten (10)] 10 days after 
approval of the district, and [shall be] IS subject to the consent and 
concurrence of the Board of Estimates. The board [shall have the full 
authority to] MAY increase or decrease its membership, within [the above] 
these limits. 

(b) The following minimum representation shall be present on the full 
board, except during periods of temporary vacancies: 

(3) at least [seven (7)1 8 voting board members shall be from the 
following constituent organizations within the [district] District: 

(I) the Abell Improvement Association: 

(H) the Charles Village Civic Association: 

(ill) the South Charles Village Community Association^]: and 

(iv) [Community] THEHarwood Community Association: 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved May 14, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-261 
Council Bill 97-351 



87 



Ord. 98-26 1 1 997- 1 998 Session 



An Ordinance Concerning 

Urban Renewal — Hampden Business Area — 
Amendment No. 1 

FOR the purpose of amending the Urban Renewal Plan for the Hampden 
Business Area to extend the provisions of the plan for another twenty 
years; waiving certain content and procedural requirements; making the 
provisions of this Ordinance severable; providing for the application of 
this Ordinance in conjunction with certain other ordinances; and 
providing for a special effective date. 

By authority of 

Article 1 3 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The Urban Renewal Plan for the Hampden Business Area was 
originally approved by the Mayor and City Council of Baltimore by 
Ordinance 77-285, approved February 17, 1977. 

An amendment to the Urban Renewal Plan for the Hampden Business 
Area is necessary to extend the provisions of the plan for another twenty 
years. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following change in the Urban Renewal Plan for the 
Hampden Business Area is approved: 

On page 15 of the Plan, amend Paragraph F to read as follows: 



88 



1 997- 1 998 Session Ord. 98-26 1 



F. Duration of Provisions and Requirements 

The provisions and requirements of this plan shall be in effect for a 
period of not less than [twenty (20)] 40 years following the date of the 
approval of this plan by the Mayor and City Council of Baltimore. 

Section 2. And be it further ordained, That the Urban Renewal 
Plan for the Hampden Business Area, as amended by this Ordinance and 
identified as "Urban Renewal Plan, Hampden Business Area, revised to 
include Amendment No. 1, dated February 10, 1997", is approved. The 
Clerk of the City Council shall file a copy of the amended Urban Renewal 
Plan with the Department of Legislative Reference as a permanent public 
record, available for public inspection and information. 

Section 3. And be it further ordained, That if the amended Urban 
Renewal Plan approved by this Ordinance in any way fails to meet the 
statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 4. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
propose the provisions of this Ordinance are declared severable. 

Section 5. And be it further ordained, That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 



89 



Ord. 98-262 1 997- 1 998 Session 



Section 6. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved May 14, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-262 
Council Bill 97-562 

An Ordinance Concerning 

Zoning — Conditional Use Convalescent, Nursing, and 
Rest Home — 2831 Montebello Terrace 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a convalescent, nursing, 
and rest home for the elderly, with a maximum capacity of 1 1 beds and 
1 care-giver's room, on the property known as 283 1 Montebello 
Terrace, as outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s)4.4-ld-l and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a convalescent, nursing, and rest home for 
the elderly, with a maximum capacity of 1 1 beds and 1 care-giver's room, 
on the property known as 283 1 Montebello Terrace, as outlined in red on 
the plat accompanying this Ordinance, in accordance with Article 30, §§ 
4.4-ld-l and 1 1.0-6d of the Baltimore City Code, subject to the conditions 
that following conditions: 

1 . the applicant may construct an access ramp, driveway, and 
parking area, subject to the Planning Department's design 
approval; and 



90 



1 997- 1 998 Session Ord. 98-263 



2. the convalescent, nursing, and rest home compli e s must comply 
with all applicable federal, state, and local licensing and 
certification requirements and that no more than 1 3 eld e rly or 
infirm p e rsons reside in the facility . 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved May 14, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-263 
Council Bill 97-577 

An Ordinance Concerning 

Vehicle Alarms 



FOR the purpose of prohibiting certain vehicle alarms and vehicle alarm 
devices; requiring certain vehicle alarm information to be registered; 
authorizing police to disconnect c e rtain v e hicl e alarms or devic e s or to 
have vehicles with those alarms or devices removed and impounded; 
defining certain terms; providing penalties; requiring certain notices; 
and generally relating to vehicle alarms. 

By adding 

Article 1 9 - Police Ordinances 

Section 28A, to be under the amended subtitle designation "Burglar 
Alarms" 



91 



Ord. 98-263 1 997- 1 998 Session 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

By repealing and reordaining, with amendments 
Article 19 - Police Ordinances 
Section 145(i)(3) 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 19 — Police Ordinances 

Subtitle — [False] Burglar Alarms 

28A. Vehicle Alarms. 
(a) Definitions. 

(1) In General. 

In this section, the following words have the meanings 
indicated. 

(2) Audible status indicator. 

"Audible status indicator" means any sound 
reproduction device on a vehicle that emits a 
continuous or near continuous sound for the purpose 

OF: 

(I) WARNING THAT A VEHICLE ALARM SYSTEM HAS BEEN 
INSTALLED ON THE VEHICLE AND IS OPERATIONAL; OR 

(II) CREATING THE APPEARANCE THAT AN ALARM SYSTEM 
HAS BEEN INSTALLED AND IS OPERATIONAL. 



92 



1 997- 1 998 Session Ord. 98-263 



(3) VEHICLE ALARM SYSTEM. 

"VEHICLE ALARM SYSTEM" MEANS AN ALARM SYSTEM THAT IS 
ATTACHED TO A VEHICLE AND HAS AN AUDIBLE NOISE 
ANNUNCIATOR, SUCH AS A HORN, BELL, OR SIREN. 

(B) PROHIBITIONS. 

( 1 ) THE OWNER, LESSEE, or operator of a vehicle may not 
have in operation any audible status indicator. 

(2) the owner, lessee, or operator of a vehicle may not 
have in operation any vehicle alarm system that is 
capable of being activated other than by: 

(i) direct physical contact with the vehicle; or 

(ii) the use of an individual remote activation 
device that is designed to be used with the alarm 
system of the vehicle. 

(3) The owner, lessee, or operator of a vehicle may not 
have in operation any vehicle alarm system unless the 

SYSTEM: 

(i) automatically terminates its audible response 
within 3 minutes of being activated; and 

(ii) will not be reactivated other than by one of the 
methods specified in paragraph (2) of this 
subsection. 

(c) information and notice requirements. 

( 1 ) the owner of a vehicle on which a vehicle alarm system 
has been installed must file with the owner's local 
police district information that will permit 
communication with the owner. 

(2) The operator of a vehicle on which a vehicle alarm 
system has been installed must, whenever the vehicle is 
parked on a public street or in a parking lot open to the 
public, prominently display the name and telephone 



93 



ORD. 98-263 1 997- 1 998 SESSION 



number of the police district where information is on 
file to permit communication with the vehicle's owner . 

(d) Disarming system. 

(1) Whenever a vehicle alarm system or audible status 
indicator is operated in violation of this section, a 
police officer may take any reasonable and necessary 
steps to disconnect the alarm system or indicator. 

(2) After disconnecting the alarm system or indicator, the 
police officer must leave behind, in a conspicuous place, 
a notice of the violation of this section and a telephone 
number to call for further information. 

IeUc) Impounding vehicle. 

( 1 ) if the vehicle is parked on a public street or in a parking 
lot open to the public and all reasonable and 
necessary steps to disconnect the alarm system or 
indicator locate the owner or operator have been 
taken without success, the police officer may arrange 
for the removal and impoundment of the vehicle. 

(2) the owner of a vehicle removed and impounded under 
this section! 

(i) may retrieve the vehicle as provided in article 3 1 , 
§ 96 of this Code; and 

(ii) must be given an opportunity for a hearing, as set 
out in Article 3 1 , § 96 of this Code, to determine 
whether there was a basis for the removal and 
impoundment. 

(f) penalties. 

a person who violates any provision of this section is 
subject to a civil penalty of $ 1 00 for each offense, in 
addition to any towing and storage charges. 



94 



1 997- 1 998 Session Ord. 98-264 

Subtitle — Special Enforcement Officers 

145. Prepayable Citations. 

(i) Enumeration of code violations and penalties. 

(3) Article 19. Police Ordinances. 

§ 4. Baby chicks — sales at Easter $ 25 

§ 12. Cruelty to animals — abandonment of animal $ 50 

§ 13. Cruelty to animals — neglect $ 50 

§ 14. Cruelty to animals - abuse $ 50 

§ 28 A. Vehicle alarms $ 1 00 

§ 32. Horses — inspection, care and treatment $ 50 

§ 127. Rabbits — importation and sale $ 50 

§ 198 A. Resale of tickets at sporting events $ 25 

§ 229. Electronically amplified sounds — 

Market Center $ 25 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved May 14, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-264 
Council Bill 97-583 

An Ordinance Concerning 
95 



Ord. 98-264 1 997- 1 998 SESSION 



Unregistered Vehicles, Minibikes, and Off-the-Road Motorcycles — 
Seizure and Forfeiture 

FOR the purpose of providing that certain minibikes, off-the-road 

motorcycles, unregistered motorcycles, or related vehicles that are used 
in the commission of certain violations are subject to seizure and 
forfeiture after the first violation; providing that the City may destroy 
any of the vehicles seized and forfeited; and clarifying, conforming, and 
correcting certain language. 

By repealing and reordaining, with amendments 

Article 19 - Police Ordinances 

Section(s) 85D (a), (b), (d) 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

By adding 

Article 19 - Police Ordinances 

Section(s) 85D (j) 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 19 — Police Ordinances 

Subtitle — Unregistered Vehicles, Minibikes, 
and Off-the-Road Motorcycles 

85D. Seizure and forfeiture. 

(a)( 1 ) [Any] Except as provided in paragraph (2) of this 
SUBSECTION, any minibike, off-the-road motorcycle, 
unregistered motorcycle, or related vehicle [that] IS SUBJECT TO 
SEIZURE AND FORFEITURE IF IT: 

[(1)] (I) is not registered when driven [,]; 

[ (2)] (II) does not have its tags affixed or registration in 
possession as required under [Section] § 85B[,]; or[,] 

96 



1 997- 1 998 Session Ord. 98-264 



[ (3)] (III) is used [on 3 separate occasions] in the commission 
of 1 or more violations of this subtitle [shall be subject to 
seizure and forfeiture;]. 

(2) [except that a] A minibike, off-the-road motorcycle, 

unregistered motorcycle, or related vehicle [shall] may not be 
forfeited under [the provisions of] this section by reason of any 
act or omission [established by the owner thereof to have been] 
committed or omitted by any person other than [such] THE 
owner OF THE VEHICLE while [such] that vehicle was 
unlawfully in the possession of [a] THAT other person [other 
than the owner] in violation of the criminal laws of this state, 
the United States or any other state. 

(b) Any minibike, off-the-road motorcycle, unregistered motorcycle, or 
related vehicle subject to seizure under this section may be seized 
by a police officer without warrant if: 

(1) there is probable cause to believe the vehicle has been used [on 

3 separate occasions during any period] in the commission of 1 
or more violations of this subtitle; and 

(2) circumstances exist where a warrant is not constitutionally 

required. 

(d) Promptly after seizure, the police officer who seized and caused the 
impoundment of the vehicle shall notify the City Solicitor in writing 
of the facts and circumstances supporting the police officer's 
actions. [Upon] On receipt of the report, the Solicitor shall conduct 
an independent review of the facts and circumstances surrounding 
the seizure and impoundment of the vehicle. If [in the opinion of] 
the Solicitor [there is] FINDS sufficient evidence [to prove] that the 
vehicle in question was used [on 3 separate occasions during any 
period to commit] IN THE commission of 1 or more violations of 
this subtitle, [then] the Solicitor shall notify the owner by certified 
mail of the seizure and of the City's intent to institute forfeiture 
proceedings. [On] If, ON the other hand, [if after the Solicitor's 
review of the surrounding facts and circumstances,] the Solicitor [is 
of the opinion] FINDS that there is insufficient evidence to prove a 
case of forfeiture, the Solicitor shall surrender the vehicle [upon] 
ON request of the owner. 



97 



Ord. 98-265 1 997- 1 998 Session 



(j) Any vehicle that has been ordered forfeited to the City may 
be sold as provided in article 3 1 , § 97 of this code or may be 
destroyed. 

Section 2. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved May 14. 1998 

KurtL. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-265 
Council Bill 98-604 

An Ordinance Concerning 

Sale of City Property — 1417 Thames Street 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
that is located at 1417 Thames Street and no longer needed for public 
use; and providing for a special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the Comptroller of Baltimore City may sell, at either public or private sale, 
all the interest of the Mayor and City Council of Baltimore in the property 
located at 1417 Thames Street, Block 1826, Lot 3, Baltimore, Maryland, 
containing 1 .408 acres, more or less, of land, this property being no longer 
needed for public use. 



98 



1 997- 1 998 Session Ord. 98-266 



Section 2. And be it further ordained. That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved May 14, 1998 



Kurt L. Schmoke. Mayor 



City of Baltimore 
Ordinance 98-266 
Council Bill 98-629 

An Ordinance Concerning 

Urban Renewal — Jonestown — 
Amendment 3 

For the purpose of amending the Urban Renewal Plan for Jonestown to 
authorize the acquisition by purchase or by condemnation of certain 
properties for urban renewal purposes, create new disposition lots. 
provide standards and controls for the new disposition lots, and revise 
certain exhibits attached to the Plan to reflect the changes in the Plan; 
waiving certain content and procedural requirements; making the 
provisions of this Ordinance severable; providing for the application of 
this Ordinance in conjunction with certain other ordinances; and 
providing for a special effective date. 

By authority of 

Article 13 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The Urban Renewal Plan for Jonestown was originally approved by the 
Mayor and City Council of Baltimore by Ordinance 78-939. approved 
December 14. 1978. and was last amended by Ordinance 87-920. approved 
April 24, 1987. 



99 



Ord. 98-266 1 997- 1 997 Session 



An amendment to the Urban Renewal Plan for Jonestown is necessary 
to authorize the acquisition by purchase or condemnation of certain 
properties for urban renewal purposes, create new disposition lots, provide 
standards and controls for the new disposition lots, and revise certain 
exhibits attached to the Plan to reflect the changes in the Plan. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

This proposed amendment to the Renewal Plan for Jonestown has been 
approved by the Director of the Department of Planning for conformity to 
the Master Plan, for the detailed location of any public improvements 
proposed in the amended Urban Renewal Plan, and for conformity to 
existing and proposed zoning classifications. The proposed amendment 
also has been approved and recommended to the Mayor and City Council of 
Baltimore by the Commissioner of the Department of Housing and 
Community Development. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for 
Jonestown are approved: 

(1) On page 2 of the Plan, in A.2. Objectives and Reasons for the 
Various Provisions of this Plan , add paragraphs j. through m. as 
follows: 

j. To protect the existing historical street patterns and 
circulation, promote restoration of the street pattern 
where it has been altered, and prevent the closure or 
directional change on baltimore, high, and exeter 
Streets. (Specifically, Baltimore Street should remain 
two-way, and Exeter and High Streets should not be 
closed). 

k. to encourage uses and development that provide 
pedestrian-friendly activities and reinforce the 
shopsteading program. 

l. to provide new uses that bring a significant number of 
opportunities for new employment to area residents and 



100 



1 997- 1 998 Session Ord. 98-266 



WHICH CAN BE FILLED THROUGH FIRST SOURCE HIRING 
AGREEMENTS. 

M. TO REQUIRE A HIGHER STANDARD OF ARCHITECTURAL QUALITY 
THAT RELATES TO AND COMPLIMENTS THE EXISTING HISTORIC 
ARCHITECTURAL CHARACTER OF THE URBAN RENEWAL AREA. 

(2) On page 6 of the Plan, in B.2.a.(4)(c) Disposition Lot 15, strike 
"landscaping and restaurant use in conjunction with 805-807 E. 
Fayette Street." and substitute "the uses specified in Section 
B.I.d. of this Plan." 

(3) On page 6 of the Plan, in B.2.a.(4) Commercial Development, add 
paragraph (f) as follows: 

(f) Disposition Lots 33, 34, 35, 36 and 37 shall be 

rehabilitated and/or otherwise developed for uses 
permitted under the b-3-3 and m-l-3 categories of the 
Zoning Ordinance of Baltimore City, but shall not 
include residential uses or the following: restaurants 
drive-in; carry-out food shops; adult entertainment; 
class b bookstores; peep shows; truck terminals; parole 
and probation offices; liquor stores-package goods; 
automobile accessory stores - including repair and 
installation services; blood donor centers; check 
cashing agencies; employment agencies; pawn shops; 
amusement establishments and arcades; contractor 
and construction shops and yards; homes for the 
rehabilitation of non-bedridden alcoholic persons and 
for the care and custody of homeless persons; drug 
abuse rehabilitation and treatment centers; penal and 
correctional institutions; and half-way houses. 

The Floor Area Ratio (FAR) for Disposition Lots 33,34,35 
and 36 shall be 3.5. disposition lot 37, original hendler 
Building, is for rehabilitation only. 

Site improvements will be the responsibility of the 
developer and must be completed in conjunction with 
building development at these sites. maintenance of 
site improvements shall be the responsibility of the 
property owner. this development shall comply with 
the property rehabilitation standards set forth in 



101 



Ord. 98-266 1 997- 1 998 Session 



Appendix A of this Plan, the additional standards in this 
section, and shall be reviewed by the design advisory 
Panel of Baltimore City or Baltimore Development 
Corporation's Architectural Review Board. 

The following design restrictions shall apply only to 
Disposition Lots 33,34,35,36, and 37. 

i. There shall be no building setbacks on Baltimore 
Street. 

ii. a minimum of 60 percent of the street frontage on 
Baltimore Street shall be constructed with a 
building. 

in. Building height at the property line shall be 
required to be a minimum of 20 feet and a 
maximum of 40 feet. building height beginning at 
a setback of 20 feet shall be governed by a 
maximum floor area ratio of 3.5. 

iv. a minimum of 25 percent of the building facade of 
Baltimore Street shall be fenestrated. 

v. Security grilles may only be used when they are 
on the interior of the building. No exterior 
security grilles will be permitted. 

vi. Exterior building materials on the Baltimore 
Street facade shall be of red brick with 
decorative articulation at a minimum around 
windows, doors, and at the cornice line. sides of 
buildings facing a public alley or street other 
than Baltimore Street shall be finished with 
brick, high quality paint, stucco, or decorative 
block finish. unfinished concrete block shall 
not be used on any facade. 

vii. There shall be no vehicular curb cuts on 
Baltimore Street, with the exception of one 
allowed curb cut in the 1 000 block of baltimore 
Street. All vehicular access shall be from 
public alleys, side streets, or fayette street. 



102 



1 997- 1 998 Session Ord. 98-266 



vm. All parking and loading areas shall be fenced 
with a masonry wall or a decorative metal 
fence in combination with landscaping. 
Screening shall be between 42" and 72" in height. 
Razor wire or other types of security fencing 
are strictly prohibited. 

ix. no free-standing pole signs shall be allowed. 
Monument signs, in which the signed portion is 
integral to the base and architecturally 
related, are permitted but are restricted to a 
height of 6 feet and no more than 20 square feet 
in size. no internally illuminated signs shall be 
permitted on baltimore street or within 20 feet 
of the corner of baltimore street. signs shall 
be limited to one per street frontage. 

(4) On page 6 of the Plan, in B.2.a.(6)(a) Disposition Lot 16, strike "ice 
cream manufacturing" and substitute "THE USES SPECIFIED IN 
SECTION B. 1 .F. OF THIS PLAN." 

(5) On page 1 1 of the Plan, insert the following at the end of Section 
4.C. Community Review : "THE COMMISSIONER OF THE 
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT MAY 

grant a waiver from the design restrictions contained in 
Section B.2.a.(4)(f) for Disposition Lots 33,34,35,36, and 37 
with the written approval from the jonestown planning 
Council, or its successor or its assignee .". 

Section 2. And be it further ordained, That the Urban Renewal 
Plan for Jonestown, as amended by this Ordinance and identified as "Urban 
Renewal Plan, Jonestown, revised to include Amendment No. 3, dated 
February 12, 1998", is approved. The Clerk of the City Council shall file a 
copy of the amended Urban Renewal Plan with the Department of 
Legislative Reference as a permanent public record, available for public 
inspection and information. 

Section 3. And be it further ordained, That it is necessary to 
acquire, by purchase or by condemnation, for urban renewal purposes, the 
fee simple interest or any lesser interest in and to the following properties or 
portions thereof, together with all right, title, interest and estate that the 
owner or owners of said property interests may have in all streets, alleys, 
ways or lanes, public or private, both abutting the whole area described 



103 



Ord. 98-266 1 997- 1 998 Session 



and/or contained within the perimeter of said area, situate in Baltimore City, 
Maryland, and described as follows: 

900-02 E. Baltimore Street 
904-06 E. Baltimore Street 

908 E. Baltimore Street 

910 E. Baltimore Street 

912 E.Baltimore Street 

914 E. Baltimore Street 

916 E.Baltimore Street 
918 E.Baltimore Street 

1000 E. Baltimore Street 
1002 E. Baltimore Street 
1004 E. Baltimore Street 
1006 E. Baltimore Street 
1008 E.Baltimore Street 
1010 E.Baltimore Street 
1012 E.Baltimore Street 

1 1 6- 1 8 E. Baltimore Street 
1020 E. Baltimore Street 
1022 E. Baltimore Street 
1024 E. Baltimore Street 
1026 E.Baltimore Street 
1100 E.Baltimore Street 
8 East Street 
10 East Street 
12-22 East Street 
3 N. Exeter Street 
12 N.Exeter Street 
14 N.Exeter Street 
16-18 N.Exeter Street 
20 N. Exeter Street 
22 N. Exeter Street 
24 N. Exeter Street 
26 N. Exeter Street 
905 E. Fayette Street 
907 E. Fayette Street 

909 E. Fayette Street 

911 E. Fayette Street 

913 E.Fayette Street 

915 E.Fayette Street 

917 E.Fayette Street 

1001 E. Fayette Street 



104 



1 997- 1 998 Session Ord. 98-266 



1009-11 E. Fayette Street 
1013-19 E.Fayette Street 
1021 E. Fayette Street 
1027 E. Fayette Street 
1107-33 E.Fayette Street 

3 N. High Street 

5 N. High Street 
6-8 N. High Street 
7 N. High Street 

9 N. High Street 
10-16 N. High Street 

1 1 N. High Street 
13-15 N. High Street 
17-19 N. High Street 
18-20 N. High Street 
21 N. High Street 

23 N. High Street 

24 N. High Street 
25-27 N. High Street 
10-18 Painter's Court 

4 Temple Street 

6 Temple Street 

7 Temple Street 

8 Temple Street 

9 Temple Street 

10 Temple Street 

12 Temple Street 
17 Temple Street 
19-21 Temple Street 
30 Temple Street 
32 Temple Street 

Unit block Temple Street Right-of-Way 
All Rights-of-Way within City Block 1337 

Section 4. And be it further ordained, That the land use changes 
indicated for certain rights-of-way and shown in the amended Urban 
Renewal Plan on Exhibit 1, Land Use Plan, dated February 12, 1998, are 
approved. 

Section 5. And be it further ordained, That the revision shown in 
the amended Urban Renewal Plan on Exhibit 2, Property Acquisition, dated 
as revised February 12, 1998, is approved. 



105 



Ord. 98-267 1 997- 1 998 Session 



Section 6. And be it further ordained, That the revision shown in 
the amended Urban Renewal Plan on Exhibit 3, Land Disposition dated as 
revised February 12, 1998, is approved. 

Section 7. And be it further ordained, That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 8. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 9. And be it further ordained, That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 

Section 10. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 



Approved May 14, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-267 
Council Bill 98-666 

An Ordinance Concerning 



106 



1 997- 1 998 Session Ord. 98-267 



Supplementary General Fund Capital Appropriation — 
Board of Supervisors of Elections — $385,000 

FOR the purpose of providing a Supplementary General Fund Capital 

Appropriation in the amount of $385,000 to the Board of Supervisors of 
Elections - Program 183, to provide funding for repairs to the voting 
machine storage warehouse; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Property Transfer Tax in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On March 25, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $385,000 shall be made available to the Board of 
Supervisors of Elections - Program 183 as a Supplementary General Fund 
Capital Appropriation for Fiscal Year 1998, to provide funding for repairs 
to the voting machine storage warehouse. The source of revenue for this 
appropriation is the Property Transfer Tax in excess of the amount from this 
source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 



107 



Ord. 98-268 1 997- 1 998 Session 



Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved May 14, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-268 
Council Bill 98-667 

An Ordinance Concerning 



Supplementary Loan Fund Appropriation — 
Department of Housing and Community Development — $4,000,000 

FOR the purpose of providing a Supplementary Loan Fund Appropriation in 
the amount of $4,000,000 to the Department of Housing and 
Community Development - Program 592 (991 1-592-805), to provide 
funding for the Settlement Expense Loan Program; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a loan in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 



108 



1 997- 1 998 Session Ord. 98-269 



On March 25, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $4,000,000 shall be made available to the Department of 
Housing and Community Development - Program 592 (991 1-592-805) as a 
Supplementary Loan Fund Appropriation for Fiscal Year 1998, to provide 
funding for the Settlement Expense Loan Program. The source of revenue 
for this appropriation is the 4 th Housing Development Bond identified for 
use by the Department of Housing and Community Development in excess 
of the amount from this source that was relied on by the Board of Estimates 
in determining the tax levy required to balance the budget for Fiscal Year 
1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved May 14, 1998 

KURT L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-269 
Council Bill 98-673 

An Ordinance Concerning 

General Fund Operating Appropriation Transfer — 
MR-General Debt (Program 123) to 
Personnel (Program 160) — $380,500 

For the purpose of transferring a General Fund Operating Appropriation in 
the amount of $380,500 from MR-General Debt Service (Program 123) 
to Personnel (Program 160) for a special appropriation adjustment; and 
providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 9(a)(2) 
Baltimore City Charter 
(1996 Edition) 



109 



Ord. 98-270 1 997- 1 998 Session 



Recitals 

Article VI, § 9(a)(2) of the City Charter provides that, on 
recommendation of the Board of Estimates, the City Council by ordinance 
may authorize the transfer of an appropriation contained in the Ordinance of 
Estimates from one municipal agency to another municipal agency. 

The sum of $380,500, as appropriated in the MR-General Debt Service 
(Program 123) in the Fiscal 1998 Ordinance of Estimates, is not needed for 
the purpose for which it was appropriated and, therefore, is available for 
transfer to another agency. 

On April 1, 1998, the Board of Estimates recommended the transfer 
authorized by this Ordinance. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the sum of $380,500, contained in the Fiscal 1998 
Ordinance of Estimates as a General Fund Operating Appropriation, is 
transferred from MR-General Debt Service (Program 123) to Personnel 
(Program 160). 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved May 14, 1998 

KURTL. SCHMOKE, Mayor 



City of Baltimore 
Ordinance 98-270 
Council Bill 98-674 

An Ordinance Concerning 

General Fund Operating Appropriation Transfer — 

MR-General Debt Service to 

Citywide Information Technology (Capital) — $1,300,000 

FOR the purpose of transferring a General Fund Operating Appropriation in 
the amount of $1,300,000 from MR-General Debt Service (Program 
123) to Citywide Information Technology (Capital) (Account #9908- 
146-025) for a special appropriation adjustment; and providing for a 
special effective date. 



110 



1 997- 1 998 Session Ord. 98-27 1 



By authority of 

Article VI - Board of Estimates 
Section 9(a)(2) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

Article VI, § 9(a)(2) of the City Charter provides that, on 
recommendation of the Board of Estimates, the City Council by ordinance 
may authorize the transfer of an appropriation contained in the Ordinance of 
Estimates from one municipal agency to another municipal agency. 

The sum of $1,300,000, as appropriated in the MR-General Debt 
Service (Program 123) in the Fiscal 1998 Ordinance of Estimates, is not 
needed for the purpose for which it was appropriated and, therefore, is 
available for transfer to another agency. 

On April 1, 1998, the Board of Estimates recommended the transfer 
authorized by this Ordinance. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the sum of $1,300,000, contained in the Fiscal 1998 
Ordinance of Estimates as a General Fund Operating Appropriation, is 
transferred from MR-General Debt Service (Program 123) to Citywide 
Information Technology (Capital) (Account #9908-146-025). 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved May 14, 1998 



KurtL. SCHMOKE, Mayor 



City of Baltimore 
Ordinance 98-271 
Council Bill 98-676 

An Ordinance Concerning 

Reserved Parking — South Clinton Street 



111 



Ord. 98-272 1 997- 1 998 Session 



For the purpose of providing reserved parking in front of the property 

known as 331 South Clinton Street, for James C. Dugent; and providing 
for a special effective date. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That reserved parking is authorized in front of the property 
known as 331 South Clinton Street, for James C. Dugent. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved May 14, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-272 
Council Bill 98-683 

An Ordinance Concerning 

Baltimore City Landmark List — Charles Theater 

FOR the purpose of designating the Charles Theater, 171 1-1717 North 
Charles Street, as a historical landmark; and providing for a special 
effective date. 

By adding 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section(s) 40 (ff)(99) 

Baltimore City Code 

(1983 Replacement Volume and 1996 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Commission for Historical and Architectural Preservation 



112 



1 997- 1 998 Session Ord. 98-273 



40. Created; powers; duties. 

(ff) Landmark list. 

The following structures, having been approved by the Planning 
Commission, are hereby declared to be historical or architectural 
landmarks: 

(99) Charles Theater, 1711-1717 North Charles Street, 
Ward 12, Section 9, Block 408, Lot 6. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved May 14, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-273 
Council Bill 98-626 

An Ordinance Concerning 

City Streets — Opening — 

Certain Streets and Alleys Lying within the 

Charles North Business Area 

For the purpose of condemning and opening certain streets and alleys lying 
within the Charles North Business Area, as shown on Plat 349-A-20 in 
the Office of the Department of Public Works; and providing for a 
special effective date. 

BY authority of 

Article I - General Provisions 
Section 4 
and 



113 



Ord. 98-273 1 997- 1 998 Session 



Article II - General Powers 
Sections 2, 34, and 35 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Department of Public Works shall proceed to 
condemn and open certain streets and alleys lying within the Charles North 
Business Area, more particularly described as follows: 

Sheet 1 of 1 of Plat 349-A-20 comprising all streets and alleys lying 
within the area bounded by Howard Street, 21st Street, Maryland 
Avenue, and 20th Street; the streets and alleys are numbered from one 
to seven on Sheet 1 and described as follows: 

1 . Mace Street, beginning for the same at the point formed by 
the intersection of the west side of Mace Street, 20 feet wide, and the 
north side of 20th Street, 66 feet wide, said point of beginning being 
distant 150 feet easterly measured along the north side of said 20th 
Street from the east side of Howard Street, 66 feet wide, and running 
thence binding on the west side of said Mace Street, northerly 303 feet, 
more or less, to intersect the south side of 21st Street, 66 feet wide; 
thence binding on the south side of said 21st Street, easterly 20.0 feet to 
intersect the east side of said Mace Street; thence binding on the east 
side of said Mace Street, southerly 303 feet, more or less, to intersect 
the north side of said 20th Street, and thence binding on the north side 
of said 20th Street, westerly 20.0 feet to the place of beginning and 
designated as Parcel No. 1 

2. An alley, 10 feet wide, laid out in the rear of properties known 
as No. 1 16/122 through No. 130 W. 20th Street and extending from 
Howard Street, easterly 150 feet to Mace Street and designated as 
Parcel No. 2. 

3. An alley, 10 feet wide, laid out in the rear of properties known 
as No. 2008 through No. 2024 Mace Street and extending from the 
north side of a 10 foot alley laid out in the rear of properties known as 
No. 1 16/122 through No. 130 W. 20th Street, northerly 105 feet, more 
or less, to the end thereof and designated as Parcel No. 3. 

4. An alley, 5 feet wide, laid out 80 feet southerly measured at 
right angles from the south side of 21st Street and extending from the 



114 



1 997- 1 998 Session Ord. 98-274 



west side of Mace Street, westerly 56 feet to the east side of a 10 foot 
alley, there situate, and designated as Parcel No. 4. 

5. An alley, 4 feet wide, laid out in the rear of properties known as 
No. 2000 through No. 2010 Maryland Avenue and extending from 20th 
Street, northerly 102 feet, more or less, to the end thereof and 
designated as Parcel No. 5. 

6. An alley, 10 feet wide, laid out in the rear of property known as 
No. 105 W. 21st Street and extending from the east side of Mace Street, 
easterly 36 feet to the west side of a 10 foot alley laid out in the rear of 
the properties known as No. 2018 through No. 2032 Maryland Avenue 
and designated as Parcel No. 6. 

7. An alley, 10 feet wide, laid out in the rear of properties known 
as No. 2018 through No. 2032 Maryland Avenue and extending from 
21st Street, southerly 150 feet, more or less, to the end thereof and 
designated as Parcel No. 7. 

As delineated on Plat 349-A-20, prepared by the Survey Control 
Section and filed on September 26, 1 996, in the Office of the Department of 
Public Works. 

Section 2. And be it further ordained, That the proceedings for 
the condemnation and opening of certain streets and alleys lying within the 
Charles North Business Area and the rights of all interested parties shall be 
regulated by and in accordance with all applicable provisions of state and 
local law and with all applicable rules and regulations adopted by the 
Director of Public Works and filed with the Department of Legislative 
Reference. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved May 21, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-274 
Council Bill 98-627 

An Ordinance Concerning 

115 



ORD. 98-274 1 997- 1 998 SESSION 



City Streets — Closing — Certain Streets and Alleys 
Lying within the Charles North Business Area 

For the purpose of condemning and closing certain streets and alleys lying 
within the Charles North Business Area, as shown on Plat 349-A-20A 
in the Office of the Department of Public Works; and providing for a 
special effective date. 

By authority of 

Article I - General Provisions 
Section 4 

and 

Article II - General Powers 
Sections 2, 34, 35 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Department of Public Works shall proceed to 
condemn and close certain streets and alleys lying within the Charles North 
Business Area, and more particularly described as follows: 

Sheet 1 of 1 of Plat 349-A-20A comprising all streets and alleys 
lying within the area bounded by Howard Street, 21st Street, Maryland 
Avenue, and 20th Street; the streets and alleys are numbered from one 
to seven on Sheet 1 and described as follows: 

1 . Mace Street, beginning for the same at the point formed by 
the intersection of the west side of Mace Street, 20 feet wide, and the 
north side of 20th Street, 66 feet wide, said point of beginning being 
distant 1 50 feet easterly measured along the north side of said 20th 
Street from the east side of Howard Street, 66 feet wide, and running 
thence binding on the west side of said Mace Street, northerly 303 feet, 
more or less, to intersect the south side of 21st Street, 66 feet wide; 
thence binding on the south side of said 21st Street, easterly 20.0 feet to 
intersect the east side of said Mace Street; thence binding on the east 



116 



1 997- 1 998 Session Ord. 98-274 



side of said Mace Street, southerly 303 feet, more or less, to intersect 
the north side of said 20th Street, and thence binding on the north side 
of said 20th Street, westerly 20.0 feet to the place of beginning and 
designated as Parcel No. 1 . 

2. An alley, 10 feet wide, laid out in the rear of properties 
known as No. 1 16/122 through No. 130 W. 20th Street and extending 
from Howard Street, easterly 150 feet to Mace Street and designated as 
Parcel No. 2. 

3. An alley, 10 feet wide, laid out in the rear of properties 
known as No. 2008 through No. 2024 Mace Street and extending from 
the north side of a 10 foot alley laid out in the rear of the properties 
known as No. 1 16/122 through No. 130 W. 20th Street, northerly 105 
feet, more or less, to the end thereof and designated as Parcel No. 3. 

4. An alley, 5 feet wide, laid out 80 feet southerly measured at 
right angles from the south side of 21st Street and extending from Mace 
Street, westerly 56 feet to the east side of a 10 foot alley, there situate, 
and designated as Parcel No. 4. 

5. An alley, 4 feet wide, laid out in the rear of properties 
known as No. 2000 through No. 2010 Maryland Avenue and extending 
from 20th Street, northerly 102 feet, more or less, to the end thereof and 
designated as Parcel No. 5. 

6. An alley, 10 feet wide, laid out in the rear of property 
known as No. 105 W. 21st Street and extending from the east side of 
Mace Street, easterly 36 feet to the west side of a 10 foot alley laid out 
in the rear of the properties known as No. 201 8 through No. 2032 
Maryland Avenue and designated as Parcel No. 6. 

7. An alley, 10 feet wide, laid out in the rear of properties 
known as No. 2018 through No. 2032 Maryland Avenue and extending 
from 21st Street, southerly 150 feet, more or less, to the end thereof and 
designated as Parcel No. 7. 

As delineated on Plat 349-A-20A , prepared by the Survey Control 
Section and filed on September 26, 1996, in the Office of the Department of 
Public Works. 

Section 2. And be it further ordained, That the proceedings for 
the condemnation and closing of certain streets and alleys and the rights of 



117 



Ord. 98-274 1 997- 1 998 Session 



all interested parties shall be regulated by and in accordance with all 
applicable provisions of state and local law and with all applicable rules and 
regulations adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

Section 3. And be it further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore continue to be the 
property of the Mayor and City Council, in fee simple, until their use has 
been abandoned by the Mayor and City Council. If any person wants to 
remove, alter, or interfere with them, that person must first obtain 
permission from the Mayorand City Council and, in the application for this 
permission, must agree to pay all costs and expenses, of every kind, arising 
out of the removal, alteration, or interference. 

Section 4. And be it further ordained, That no building or 
structure of any kind (including but not limited to railroad tracks) may be 
constructed or erected in or on any part of the street closed under this 
Ordinance until all subsurface structures and appurtenances owned by the 
Mayor and City Council of Baltimore have been abandoned by the Mayor 
and City Council or, at the expense of the person seeking to erect the 
building or structure, have been removed and relaid in accordance with the 
specifications and under the direction of the Director of Public Works of 
Baltimore City. 

Section 5. And be it further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances owned by 
any person other than the Mayor and City Council of Baltimore shall be 
removed by and at the expense of their owners, promptly upon notice to do 
so from the Director of Public Works. 

Section 6. And be it further ordained, That at all times after the 
closing under this Ordinance, the Mayor and City Council of Baltimore, 
acting by or through its authorized representatives, shall have access to the 
subject property and to all subsurface structures and appurtenances used by 
the Mayor and City Council, for the purpose of inspecting, maintaining, 
repairing, altering, relocating, or replacing any of them, without need to 
obtain permission from or pay compensation to the owner of the property. 



118 



1 997- 1 998 Session Ord. 98-275 



Section 7. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved May 21, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-275 
Council Bill 98-687 

An Ordinance Concerning 

Issuance of Revenue Obligations for Water Projects — 
Maximum Aggregate Principal Amount 

FOR the purpose of increasing the maximum aggregate principal amount of 
Revenue Obligations that the Mayor and City Council of Baltimore is 
authorized to issue under Ordinance 90-495, as last amended by 
Ordinance 95-609, from $160,000,000 to $190,000,000; and providing 
for a special effective date. 

By repealing and reordaining, with amendments 

Ordinance 90-495, as amended by Ordinance 95-609 
Section(s) 2.A 

Recitals 

Ordinance 90-495 authorizes the City to issue from time to time its 
Revenue Obligations to finance Water Facilities within the geographical 
limits of the City's water system. As most recently amended by Ordinance 
95-609, the maximum aggregate principal amount of Revenue Obligations 
authorized to be issued under Ordinance 90-495 is $160,000,000. 

Certain recent events have occurred that affect the aggregate principal 
amount of Revenue Obligations that may be required to finance Water 
Facilities, including (without limitation) an increase in the number of Water 
Facilities that the City may desire to finance with the proceeds of the sale of 
Revenue Obligations. 

Accordingly, the City desires to amend Ordinance 90-495 to increase to 
$190,000,000 the aggregate principal amount of its Revenue Obligations 
that may be issued under that Ordinance. 



119 



Ord. 98-275 1 997- 1 998 Session 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Ordinance 90-495, as amended by Ordinance 95-609 

Sec. 2. And be it further ordained, That: 

A. The issuance, sale and delivery of an aggregate 
principal amount of Revenue Obligations not exceeding 
[One Hundred Sixty Million Dollars ($160,000,000)] ONE 
Hundred Ninety Million Dollars ($190,000,000) is 
hereby authorized for the general public purposes of 
financing or refinancing the cost of the Financed Facilities 
and repaying the City for amounts expended on Financed 
Facilities in anticipation of the issuance of the Revenue 
Obligations. This maximum amount may consist of (i) 
Revenue Notes, (ii) Revenue Bonds, (iii) Refunding 
Revenue Notes, (iv) Refunding Revenue Bonds, and (v) 
any combination of items (i) to (iv), inclusive, above. Any 
Refunding Obligations issued hereunder to refund any 
Revenue Obligations previously issued hereunder shall 
replace that portion of the authorized amount of Revenue 
Obligations previously issued and shall not be deemed to 
reduce the maximum authorized amount of Revenue 
Obligations permitted to be issued hereunder. In addition, 
(i) the payment of the principal of any Revenue Obligations 
previously issued, whether at maturity, upon redemption or 
otherwise, (ii) the purchase and cancellation of any 
Revenue Obligations or (iii) the provision for the payment 
of the principal of any Revenue Obligations in a manner 
which makes such Revenue Obligation no longer 
outstanding in accordance with the terms of the 
Administrative Resolution shall restore the principal 
amount of Revenue Obligations authorized to be issued 
hereunder by an amount equal to the principal amount of 
Revenue Obligations so paid, purchased and canceled or 
otherwise provided for. The amount of any Credit Facility 
and any Revenue Obligation issued to evidence the 
indebtedness for borrowed money or the liability for such 
Credit Facility, shall not be deemed to reduce the 
maximum authorized amount of Revenue Obligations 
permitted to be issued hereunder. In connection with the 
issuance of capital appreciation Revenue Obligations, 



120 



1 997- 1 998 Session Ord. 98-276 



compound interest Revenue Obligations or similar types of 
Revenue Obligations, the principal amount of such 
Revenue Obligations issued pursuant to this Ordinance, for 
purposes of determining the remaining authorized amount 
of Revenue Obligations permitted to be issued hereunder, 
shall be the principal amount of such Revenue Obligations 
outstanding on the date of issuance thereof. 

Section 2. And be it further ordained, That Ordinance 90-495, 
as amended by this Ordinance, continues in full force and effect. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved May 21, 1998 

KURT L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-276 
Council Bill 97-567 



An Ordinance Concerning 

Parking Revenue Obligations — Authorized Aggregate Amount 

For the purpose of increasing the maximum aggregate principal amount of 
Revenue Obligations authorized to be issued by the Mayor and City 
Council of Baltimore pursuant to Ordinance 83-998, as amended; 
providing for the manner in which to determine the aggregate principal 
amount of Revenue Obligations outstanding at any one time; citing 
Article II, § (50) of the City Charter as additional authority for the 
issuance of parking revenue obligations; and providing for a special 
effective date. 

By repealing and reordaining, with amendments 

Ordinance 83-998 

Section 3(A) 

(As last amended by Ordinance 88-141) 



121 



Ord. 98-276 1 997- 1 998 SESSION 

Recitals 

Charter Article 1L § (50) 

By Chapter 509. Laws of Maryland 1972, § (50) was added to Article II 
of the City Charter. Section (50) authorizes the City, among other things, to 
borrow money to finance undertakings for the accomplishment of any of the 
purposes, objects, and powers of the Mayor and City Council of Baltimore 
and, in that connection, to issue bonds, notes, or other obligations (including 
refunding bonds, notes, or other obligations), all of which shall be fully 
negotiable and payable, as to both principal and interest, solely from and 
secured solely by a pledge of one or any combination of: 

(1) the revenues from or arising in connection with the property, 

facilities, developments, and improvements whose financing is 
undertaken by issuance of the bonds, notes, or other 
obligations; 

(2) the revenues from or arising in connection with any contracts, 

mortgages, or other securities purchased or otherwise acquired 
with the proceeds of those bonds, notes, or other obligations; 
and 

(3) the contracts, mortgages, or other securities purchased or 

otherwise acquired with the proceeds of those bonds, notes, or 
other obligations. 

These bonds, notes, or other obligations may not be general obligations 
of the Mayor and City Council, may not be a pledge of or involve the faith 
and credit or the taxing power of the Mayor and City Council, and may not 
constitute a debt of the Mayor and City Council, all within the meaning of 
Article XI, § 7 of the State Constitution or within the meaning of any other 
constitutional, statutory, or Charter provision limiting or restricting the sale 
or issuance of bonds, notes, or other obligations of the Mayor and City 
Council of Baltimore. 

The obligations authorized by Article II, § (50) of the City Charter, the 
bonds issued and sold under that authority, their transfer, the principal and 
interest payable on them, and any profit made in their sale are exempt from 
all state, county, and municipal taxation in the State of Maryland. 



122 



1 997- 1 998 Session Ord. 98-276 



Parkins Revenue Obligations 

Ordinance 83-998 (the "Ordinance") authorizes the Mayor and City 
Council of Baltimore to issue from time to time its Revenue Obligations (as 
defined in the Ordinance) to finance Parking Facilities (as defined in the 
Ordinance) within the geographical limits of the City. 

The aggregate principal amount of Revenue Obligations authorized by 
the Ordinance was $30,000,000. Subsequently, the aggregate principal 
amount of Revenue Obligations authorized to be issued under the 
Ordinance was increased by Ordinance 84-067 to $60,000,000, by 
Ordinance 84-221 to $76,000,000, by Ordinance 85-573 to $93,000,000, by 
Ordinance 86-702 to $108,000,000, by Ordinance 87-1036 to $120,000,000, 
and most recently by Ordinance 88-141 to $150,000,000. 

Certain events that have occurred since passage of the Ordinance affect 
the aggregate principal amount of Revenue Obligations that may be 
required to finance Parking Facilities in the City. Accordingly, the City 
seeks to increase to $225,000,000 the aggregate principal amount of 
Revenue Obligations that may be issued under the Ordinance. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Ordinance 83-998 
(As last amended by Ordinance 88-141) 

Section 3. And be it further ordained, That: 

(A) (1) The issuance, sale, and delivery of an 
aggregate principal amount of Revenue Obligations which, 
when issued, will result in receipt by the City (inclusive of 
Costs of Issuance, as defined herein) of not exceeding [One 
Hundred Fifty Million Dollars ($150,000,00)] Two 
Hundred Twenty-Five Million Dollars 
($225,000,000) is hereby authorized for the general public 
purposes of financing the cost of Parking Development 
Activities at or for Parking Facilities owned by the City, the 
proceeds of which are to finance the applicable Parking 
Development Activities, and repaying the City for amounts 
expended on Parking Facilities in anticipation of the 
issuance of the Revenue Obligations. This maximum 
amount may consist of (i) Revenue Notes, (ii) Revenue 



123 



Ord. 98-276 1997-1998 Session 



Bonds, (iii) Refunding Revenue Notes, (iv) Refunding 
Revenue Bonds, or (v) any combination of items (i) to (iv) 
above. 

(2) Any Refunding Obligations issued hereunder 
to refund any Revenue Obligations previously issued 
hereunder shall replace that portion of the authorized 
amount of Revenue Obligations previously issued and shall 
not be deemed to reduce the maximum authorized amount 
of Revenue Obligations permitted to be issued hereunder. 

(3) in addition, the principal amount of 
Revenue Obligations authorized to be issued under 
this Ordinance shall be restored by an amount 
equal to the principal amount of revenue 
Obligations paid, purchased and canceled, or 
otherwise provided for through (i) the payment of 
the principal of any revenue obligations previously 
issued, whether at maturity, on redemption, or 
otherwise, (u) the purchase and cancellation of any 
Revenue Obligations, or (hi) the provision for the 
payment of the principal of any revenue obligations 
in a manner that makes the revenue obligations no 
longer outstanding in accordance with the terms of 
the Indenture of Trust under which the bonds are 
issued. The amount of any credit facility and any 
Revenue Obligation issued to evidence the 
indebtedness for borrowed money or the liability 
for the credit facility shall not be deemed to 
reduce the maximum authorized amount of revenue 
Obligations permitted to be issued under this 
Ordinance. In connection with the issuance of 
Capital Appreciation Revenue Obligations, 
Compound Interest Revenue Obligations, or similar 
types of Revenue Obligations, for purposes of 
determining the remaining authorized amount of 
Revenue Obligations permitted to be issued under 
this Ordinance, the principal amount of the Revenue 
Obligations issued under this Ordinance shall be 
the principal amount of the revenue obligations 
outstanding on the date of their issuance. 



124 



1 997- 1 998 Session Ord. 98-277 



Section 2. And be it further ordained, That Ordinance 83-998, 
as amended by this Ordinance, remains in full force and effect. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 4, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-277 
Council Bill 97-599 

An Ordinance Concerning 

Rezoning — Lot 34, Block 5497 



FOR the purpose of changing the zoning for the property known as Lot 34, 
Block 5497, as outlined in red on the accompanying plat, from the R-5 
Zoning District to the B-3-1 Zoning District. 

By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheet(s) 9 
Baltimore City Code 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 9 of the Zoning District Maps is amended by 
changing from the R-5 Zoning District to the B-3-1 Zoning District the 
property known as Lot 34, Block 5497, as outlined in red on the plat 
accompanying this Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 



125 



ORD. 98-278 1997-1998 SESSION 



Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 4, 1 998 



KURTL. SCHMOKE, Mayor 



City of Baltimore 
Ordinance 98-278 
Council Bill 98-615 

An Ordinance Concerning 

Zoning — Conditional Use Drive-in Pharmacy — 
501 Evergreen Street 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a drive-in pharmacy on 
the property known as 501 Evergreen Street, as outlined in red on the 
accompanying plat ; and providing for a special effective date . 

BY authority of 

Article 30 - Zoning 

Section(s) 6.3- Id- 17 andll.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1996 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a drive-in pharmacy on the property known 
as 501 Evergreen Street, as outlined in red on the plat accompanying this 
Ordinance, in accordance with Article 30, §§ 6.3-ld-17 and 11.0-6d of the 
Baltimore City Code, subject to the condition that following conditions: 

1 . the hours of operation shall be no earlier than 7:00 a.m. and no 

later than 10:00 p.m.; 

2. signage is limited to a maximum area of 80 square feet and a 

maximum height of 25 feet; 



126 



1 997- 1 998 Session Ord. 98-278 



3. the applicant or the drug store's management must provide 

adequate security to ensure a nuisance-free environment in the 
facility and on the parking lot; 

4. the applicant must install 6-foot metal picket fencing between 

the CVS building and the dumpster; 

5. the applicant must receive approval of the lighting plan for the 

parking lot and the exterior walls of the building from the 
Planning Department; 

6. the applicant must comply with the Landscaping Plan and the 

Site Plan, both dated as revised 5-13-98 and attached to this 
Ordinance; 

7. the applicant must relocate the pick-up window for the drive- 

through pharmacy to the location approved by the Planning 
Department and the Site Plan Review Committee; 

8. the applicant must: 

(i) re-route the drive-through lane to a location approved by 
the Planning Department so that vehicles exit from a point 
further east on the parking lot; 

(ii) close off the current drive-through lane exit; and 

(iii) reconstruct the sidewalk; 

9. the applicant must resubmit a permit application showing the 

following revisions: 

(i) complete installation of lighting; 

(ii) fencing; 

(iii) landscaping; 

(iv) closing of the curb and reconstruction of the sidewalk at 
Lauretta Avenue; and 

(v) relocation of the drive-through window; 



127 



ORD. 98-279 1 997- 1 998 SESSION 



10. all revisions must be satisfactorily completed and approved by 
the Planning Department before an occupancy permit to use the 
drive-through window may be released; 

1 1 . any further revisions to the proposed plans must be approved 
by the Planning Department; and 

12. the drive-in pharmacy complies must comply with all applicable 
federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 4, 1 998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-279 
Council Bill 98-649 

An Ordinance Concerning 

Sale of City Property — Portion of 6820 Fait Avenue 
(Southeast Middle School #255) 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in a certain portion of 
the property located at 6820 Fait Avenue (Southeast Middle School 
#255) and no longer needed for public use; and providing for a special 
effective date. 



128 



1 997- 1 998 Session Ord. 98-279 



By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the Comptroller of Baltimore City may sell, at either public or private sale, 
all the interest of the Mayor and City Council of Baltimore in a portion of 
the property located at 6820 Fait Avenue, Baltimore, Maryland (Southeast 
Middle School #255), and more particularly described as follows: 

Beginning for the same at a point on the Eastern Boundary 
Line of Baltimore City, having a coordinate value of East 
24,31 1.950 feet and South 4,023.832 feet, said point of 
beginning being the beginning of the eighth line of the first 
parcel of land conveyed by Canton Company of Baltimore, 
et al, to the Mayor and City Council of Baltimore by deed 
dated December 10, 1969, and recorded among the Land 
Records of Baltimore City in Liber R.H.B. No. 2592 Folio 
199 and running thence binding on the Eastern Boundary 
Line of Baltimore City and on part of the eighth line of the 
first parcel of land described in said deed, there situate, due 
South 25.03 feet to intersect a line drawn parallel with and 
distant 25.00 feet southerly measured at right angles from 
the seventh line of the first parcel of land described in said 
deed; thence binding on said line so drawn, South 87° 05' 
30" West 308.20 feet; thence by straight line North 02° 54' 
30" West 25.00 feet to intersect the seventh line of the first 
parcel of land described in said deed and thence binding on 
part of the seventh line of the first parcel of land described 
in said deed to the end thereof, North 87° 05' 30" East 
309.74 feet to the place of beginning, 

containing 7720.99 square feet, or 0.1772 acre, more or less, of land, this 
property being no longer needed for public use. 

All courses, distances, and coordinates in the above description are 
referred to the true meridian as adopted by the Baltimore Survey Control 
System. 



129 



Ord. 98-280 1997-1998 SESSION 



Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 4, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-280 
Council Bill 98-653 

An Ordinance Concerning 

Zoning — Conditional Use Drive-In Pharmacy — 
2401 Frederick Avenue 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a drive-in pharmacy on 
the property known as 2401 Frederick Avenue, as outlined in red on the 
accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.3- Id- 17 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a drive-in pharmacy on the property known 
as 2401 Frederick Avenue, as outlined in red on the plat accompanying this 
Ordinance, in accordance with Article 30, §§ 6.3-ld-17 and 1 1.0-6d of the 
Baltimore City Code, subject to the condition that the drive-in pharmacy 
complies with; 

1 . the following attachments to this Ordinance: 

(i) the Site Plan, dated March, 1998; 



130 



1 997- 1 998 Session Ord. 98-28 1 



(ii) Exterior Elevations, dated March, 1998; 

(iii) Land Title Survey, dated as revised February 28, 1994; 
and 

(iv) 3 sheets of sign design details prepared by Gable Signs & 
Graphics, Inc; and 

2. all applicable federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance; (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 4, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-281 
Council Bill 98-690 

An Ordinance Concerning 

City Streets — Opening — Certain Streets Lying 
Within the Inner Harbor East Urban Renewal Project 

FOR the purpose of condemning and opening certain streets lying within the 
Inner Harbor East Urban Renewal Project, as shown on Plat 305-C-6B 
in the Office of the Department of Public Works; and providing for a 
special effective date. 



131 



Ord. 98-281 1 997- 1 998 Session 



By authority of 

Article I - General Provisions 
Section 4 

and 
Article II - General Powers 
Section 2, 34, and 35 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
BALTIMORE, That the Department of Public Works shall proceed to 
condemn and open certain streets lying within the Inner Harbor East Urban 
Renewal Project, and more particularly described as follows: 

Sheet 1 of 1 comprising certain streets lying within the area 
bounded by Fleet Street, Albemarle Street, Lancaster Street, and East 
Falls Avenue; the streets are numbered from one to five on Sheet 1 and 
described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the west side of President Street, varying in 
width, and the north side of Fleet Street, varying in width, 
and running thence binding on the west side of said 
President Street, South 15° 33' 50" East 57.28 feet to 
intersect the southwest side of said Fleet Street; thence 
binding on the southwest side of said Fleet Street by a line 
curving to the left with a radius of 17.00 feet the distance 
of 25.67 feet which arc is subtended by a chord bearing 
North 49° 57' 56" West 23.30 feet to the south side of 
Fleet Street, 40 feet wide; thence binding on the south side 
of last said Fleet Street, South 86° 51' 30" West 136.1 1 
feet to the southeast side of Fleet Street, varying in width; 
thence binding on the southeast side of last said Fleet 
Street by a line curving to the left with a radius of 5 1 .00 
feet the distance of 90.76 feet which arc is subtended by a 
chord bearing South 35° 52' 26.5" West 79.25 feet to the 
east side of East Falls Avenue, 31 feet wide; thence 
binding on the east side of said East Falls Avenue, North 
15° 06' 37" West 103.83 feet to the north side of last said 
Fleet Street and thence binding in part on the north side of 
last said Fleet Street, in part on the north side of Fleet 



132 



1 997- 1 998 Session Ord. 98-28 1 



Street, 40 feet wide, in part on the north side of Fleet 
Street, mentioned firstly herein, and in all, North 86° 51' 
30" East 212.20 feet to the place of beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the west side of President Street, varying in 
width, and the line of the south side of Fleet Street, varying 
in width, if projected westerly, and running thence binding 
reversely on the line of the south side of said Fleet Street, 
so projected, North 86° 51' 30" East 56.07 feet to the 
southeast side of said President Street; thence binding on 
the southeast side of said President Street, by a line curving 
to the right with a radius of 15.00 feet the distance of 24.52 
feet which arc is subtended by a chord bearing South 40° 
02' 04.5" West 21 .88 feet to the east side of President 
Street, 40 feet wide; thence binding on the east side of last 
said President Street, South 06° 47' 21" East 313.22 feet to 
the northeast side of President Street, varying in width; 
thence binding on the northeast side of last said President 
Street, by a line curving to the left with a radius of 15.00 
feet the distance of 25.20 feet which arc is subtended by a 
chord bearing South 54° 55' 22.5" East 22.34 feet to the 
north side of Aliceanna Street, 60 feet wide; thence binding 
on the north side of said Aliceanna Street, South 76° 56' 
36" West 70.42 feet to the northwest side of last said 
President Street; thence binding on the northwest side of 
last said President Street by a line curving to the left with a 
radius of 15.00 feet the distance of 21.92 feet which arc is 
subtended by a chord bearing North 35° 04' 38" East 20.02 
feet to the west side of President Street, 40 feet wide, and 
thence binding in part on the west side of last said 
President Street, in part on President Street, mentioned 
firstly herein, and in all, North 06° 47' 21" West 339.44 
feet to the place of beginning. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the south side of Aliceanna Street, 60 feet 
wide, and the northeast side of East Falls Avenue, varying 
in width, and running thence binding on the northeast side 
of said East Falls Avenue, North 45° 17' 55" West 70.94 
feet to intersect the north side of said Aliceanna Street; 
thence binding on the north side of said Aliceanna Street, 
North 76° 56' 36" East 304.07 feet to the northwest side of 



133 



Ord. 98-28 1 1 997- 1 998 Session 



Aliceanna Street, varying in width; thence binding on the 
northwest side of last said Aliceanna Street by a line 
curving to the left with a radius of 10.00 feet the distance 
of 1 1 .89 feet which arc is subtended by a chord bearing 
North 42o 53' 14" East 1 1.20 feet to the west side of 
Aliceanna Street, 43 feet wide; thence binding on the line 
of the west side of last said Aliceanna Street, if projected 
southerly, by a line curving to the left with a radius of 
103.00 feet the distance of 74.55 feet which arc is 
subtended by a chord bearing South 1 \o 54' 16" East 72.93 
feet to the southwest side of Aliceanna Street, varying in 
width; thence binding on the southwest side of Aliceanna 
Street, varying in width, by a line curving to the left with a 
radius of 10.00 feet the distance of 12.29 feet which arc is 
subtended by a chord bearing North 67° 50' 55" West 
1 1 .53 feet to the south side of Aliceanna Street, mentioned 
firstly herein, and thence binding on the south side of 
Aliceanna Street, mentioned firstly herein, South 76° 56' 
36" West 264.61 feet to the place of beginning. 

Beginning for Parcel No. 4 at the point formed by the 
intersection of the south side of Fleet Street, varying in 
width, and the southeast side of Albemarle Street, varying 
in width, and running thence binding on the southeast side 
of said Albemarle Street by a line curving to the left with a 
radius of 15.00 feet the distance of 23.41 feet which arc is 
subtended by a chord bearing South 41° 31' 09" West 
21.10 feet to the east side of Albemarle Street, 45 feet 
wide; thence binding on the east side of last said Albemarle 
Street, South 03° 1 1 ' 03" East 198.35 feet to the northeast 
side of Albemarle Street, varying in width; thence binding 
on the northeast side of last said Albemarle Street by a line 
curving to the left with a radius of 10.00 feet the distance 
of 10.62 feet which arc is subtended by a chord bearing 
South 33° 37' 17" East 10.13 feet to the north side of 
Aliceanna Street, 43 feet wide; thence binding on the north 
side of said Aliceanna Street, by a line curving to the left 
with a radius of 103.00 feet the distance of 61 .49 feet 
which arc is subtended by a chord bearing North 81° 09' 
37" West 60.58 feet to the northwest side of last said 
Albemarle Street; thence binding on the northwest side of 
last said Albemarle Street by a line curving to the left with 
a radius of 10.00 feet the distance of 14.82 feet which arc 



134 



1 997- 1 998 Session Ord. 98-28 1 



is subtended by a chord bearing North 39° 16' 38" East 
13.50 feet to the west side of Albemarle Street, 45 feet 
wide; thence binding on the west side of Albemarle Street, 
45 feet wide, North 03° 1 1 '03" West 1 83.98 feet to the 
southwest side of Albemarle Street, varying in width; 
thence binding on the southwest side of said Albemarle 
Street, varying in width, by a line curving to the left with a 
radius of 15.00 feet the distance of 23.01 feet which arc is 
subtended by a chord bearing North 47° 07' 13.5" West 
20.82 feet to intersect the south side of said Fleet Street 
and thence binding on the south side of said Fleet Street, 
North 86° 24' 10" East 74.29 feet to the place of 
beginning. 

Beginning for Parcel No. 5 at the point formed by the 
intersection of the north side of Fleet Street, varying in 
width, and the east side of East Falls Avenue, 3 1 feet wide, 
and running thence binding on the east side of said East 
Falls Avenue, South 15° 06' 37" East 443.40 feet to the 
northeast side of East Falls Avenue, varying in width; 
thence binding on the northeast and southeast sides of last 
said East Falls Avenue the two following courses and 
distances; namely, by a line curving to the left with a radius 
of 1 6.00 feet the distance of 24.60 feet which arc is 
subtended by a chord bearing South 59° 05' 01" East 22.22 
feet and South 45° 17' 55" East 70.94 feet to the south side 
of Aliceanna Street, 60 feet wide; thence binding on the 
line of the south side of said Aliceanna Street, if projected 
westerly, South 76° 56' 36" West 73.28 feet to intersect the 
southwest side of last said East Falls Avenue; thence 
binding on the southwest side of last said East Falls 
Avenue, by a line curving to the right with a radius of 
250.00 feet the distance of 66.76 feet which arc is 
subtended by a chord bearing North 22° 45' 49" West 
66.56 feet to the west side of East Falls Avenue, mentioned 
firstly herein; thence binding on the west side of East 
Falls Avenue, mentioned firstly herein, North 15° 06' 37" 
West 458.69 feet to intersect the line of the north side of 
said Fleet Street, if projected westerly, and thence binding 
reversely on the line of the north side of said Fleet Street, 
so projected, North 86° 5 1' 30" East 3 1 .69 feet to the place 
of beginning. 



135 



Ord. 98-282 1 997- 1 998 Session 



As delineated on Plat 305-C-6B, prepared by the Survey Control 
Section and filed on April 14, 1998, in the Office of the Department of 
Public Works. 

Section 2. And be it further ordained, That the proceedings for 
the condemnation and opening of certain streets lying within the Inner 
Harbor East Urban Renewal Project and the rights of all interested parties 
shall be regulated by and in accordance with all applicable provisions of 
state and local law and with all applicable rules and regulations adopted by 
the Director of Public Works and filed with the Department of Legislative 
Reference. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 4, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-282 
Council Bill 98-718 



An Ordinance Concerning 

Property Tax Credit — South Baltimore Little League 

For the purpose of granting a property tax credit against the tax imposed by 
the City on certain property owned by the South Baltimore Little League; 
and providing for a special effective date. 

BY authority of 

Article — Tax-Property 

Section 9-304(b) 

Annotated Code of Maryland 

(As amended by Chapter (S.B. 109), Acts of 1998) 

BY adding 

Article 28 - Taxes 

Section(s) 751 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

136 



1 997- 1 998 Session Ord. 98-282 



Recitals 

The South Baltimore Little League is a nonprofit, tax-exempt organization 
that promotes amateur sports training, provides recreational facilities at no or 
minimal cost, and is open to all youth of the community. 

For these reasons, among others, the Mayor and City Council finds it 
appropriate to grant the South Baltimore Little League the tax credit provided 
for in this Ordinance. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 
Article 28 — Taxes 

Subtitle — Tax Credits 

751. Miscellaneous credits. 

(a) Rules and regulations. 

The Director of Finance may adopt rules and regulations to 
carry out this section. 

(b) South Baltimore Little League. 

(1) a tax credit is granted against the city property tax 
imposed on the property located at 1 101 e. fort a venue. 

(2) The tax credit applies only as long as the property is 
owned by the south baltimore little league and used by the league 
for amateur sports. 

(2) The amount of the tax credit equals 100% of the City 
property tax imposed on the property. 

Section 2. And be it further ordained, That the catchlines contained 
in this Ordinance are not law and may not be considered to have been enacted 
as a part of this or any prior Ordinance. 



137 



Ord. 98-283 1 997- 1 998 Session 



Section 3. And be it further ordained, That this Ordinance takes 
effect on July 1, 1998. 



Approved June 4, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-283 
Council Bill 98-719 

An Ordinance Concerning 

Property Tax Credit — Newly Constructed Dwellings 

FOR the purpose of establishing certain alternative criteria for eligibility for a 
certain tax credit for newly constructed dwellings; providing for the 
amount of the tax credit for dwellings meeting those criteria; setting 
time limits for the submission of applications for this tax credit; 
clarifying and correcting certain language; and providing for a special 
effective date. 

BY adding 

Article 28 - Taxes 

Section(s)75D(c-l) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

By repealing and reordaining, with amendments 
Article 28 - Taxes 
Section(s) 75D(d) 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 28 — Taxes 

Subtitle — Tax Credits 



138 



1 997- 1 998 Session Ord. 98-283 



75D. Newly constructed dwellings. 

(c- 1 ) ( 1 ) Notwithstanding any other provision of this section, 
the property tax credit granted by this section applies to a newly 
constructed dwelling for which a building permit was issued 
before October 1 , 1 994, but on or after July 1 , 1 994, if an 
application for the credit is submitted on or before august 3 1 , 
1998. 

(2) A PROPERTY TAX CREDIT GRANTED UNDER THIS SUBSECTION 
MAY NOT EXCEED THE AMOUNT OF THE PROPERTY TAX IMPOSED ON THE REAL 
PROPERTY, LESS THE AMOUNT OF ANY OTHER CREDIT APPLICABLE IN THAT 
YEAR, MULTIPLIED BY: 

(I) 30% FOR THE TAXABLE YEAR BEGINNING ON JULY 1 , 1 998; 

(II) 20% FOR THE TAXABLE YEAR BEGINNING ON JULY 1 , 1 999; 

(III) 1 0% FOR THE TAXABLE YEAR BEGINNING ON JULY 1 , 2000; 
AND 

(IV) 0% FOR ALL SUBSEQUENT TAXABLE YEARS. 

(d) [Owners! The owner of a newly constructed [dwellingsl 
dwelling may qualify for the tax credit authorized by this section by: 

( 1 ) purchasing a newly constructed dwelling; 

(2) occupying fthe newly constructed] THAT dwelling as Ttheirl His 
OR HER principal residence; 

(3 ) FILING AN APPLICATION FOR THE CREDIT NO LATER THAN 90 
DAYS AFTER SETTLING ON THE PURCHASE OF THE DWELLING; 

[(3)1(4) FOR EACH TAXABLE YEAR FOR WHICH THE CREDIT IS 

sought, filing a state income tax return [during the period of the tax creditl 
as a resident of Baltimore City; and 

[(4)1 (5) satisfying ALL other [requirements as may be requiredl 
CONDITIONS IMPOSED by the REGULATIONS OF THE Director of Finance. 



139 



Ord. 98-284 1 997- 1 998 Session 



Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the day it is enacted. 



Approved June 4, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-284 
Council Bill 98-720 



An Ordinance Concerning 

Property Tax Credit — Northwest Family Sport Center 

FOR the purpose of granting a property tax credit against the tax imposed by 
the City on personal property owned by the Northwest Family Sport 
Center, Inc.; and providing for a special effective date. 

By authority of 

Article — Tax-Property 

Section 9-304(b) 

Annotated Code of Maryland 

(As amended by Chapter 309, Acts of 1998) 

BY adding 

Article 28 - Taxes 

Section(s) 751 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

The Northwest Family Sport Center is a nonprofit, tax-exempt 
organization that promotes amateur sports training, provides recreational 
facilities at no or minimal cost, and is open to all youth of the community. 



140 



1 997- 1 998 Session Ord. 98-285 



For these reasons, among others, the Mayor and City Council finds it 
appropriate to grant the Northwest Family Sport Center the tax credit 
provided for in this Ordinance. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 28 — Taxes 

Subtitle — Tax Credits 

751. Miscellaneous credits. 

(a) Rules and regulations. 

The Director of Finance may adopt rules and regulations 
to carry out this section. 

(b) Northwest Family Sport Center. 

( 1 ) a tax credit is granted against the clty property tax 
imposed on the personal property owned by the northwest family 
Sport Center, Inc. 

(2) The amount of the tax credit equals 1 00% of the City 
property tax imposed on the center's personal property 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on July 1, 1998. 

Approved June 4, 1998 

Kurt L. Schmoke, Mayor 



city of baltimore 
Ordinance 98-285 
Council Bill 98-722 



141 



Ord. 98-285 1 997- 1 998 Session 



An Ordinance Concerning 

Franchise — Structural Projections at the Northwest 
Corner of Light and Hughes Streets 

For the purpose of granting a franchise to the Lutheran Center Corporation 
to construct, use, and maintain structural projections at the northwest 
corner of Light and Hughes Streets, subject to certain terms, conditions, 
and reservations; and providing for a special effective date. 

By authority of 

Article V1H - Franchises 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That a franchise or right is granted to the Lutheran Center 
Corporation, its tenants, successors, and assigns (collectively, the 
"Grantee") to construct, use, and maintain, at Grantee's own cost and 
expense, and subject to the terms and conditions of this Ordinance, 
structural projections on the building located at the northwest corner of 
Light and Hughes Streets, as follows: 

On the east side of the building, the 4 story projection shall be a 
metal panel and glass structure extending over and into the bed of 
Light Street in varying width from 9 feet at the north side to 12 feet 
at the south side and approximately 57 feet long. The structure 
shall begin approximately 115 feet from the corner of Light and 
Hughes Streets, and be approximately 17 feet, 6 inches at its 
highest point above the street bed, and be approximately 15 feet, 6 
inches at its lowest point above the street bed. 

Section 2. And be it further ordained, That to become effective, 
the franchise or right granted by this Ordinance (the "Franchise") must be 
executed and enjoyed by the Grantee within 6 months after the effective 
date of this Ordinance. 

Section 3. And be it further ordained, That as compensation for 
the Franchise, the Grantee shall pay to the Mayor and City Council of 



142 



1 997- 1 998 Session Ord. 98-285 



Baltimore a franchise charge of $ 3,426.30 a year, subject to increase or 
decrease as provided in Section 5 of this Ordinance. The franchise charge 
must be paid annually, at least 30 days before the initial and each renewal 
term of the Franchise. 

Section 4. And be it further ordained, That: 

(a) The initial term of the Franchise is 1 year, commencing on the 
effective date of this Ordinance. Unless sooner terminated as provided in 
this Ordinance, the Franchise will automatically renew, without any action 
by either the Mayor and City Council of Baltimore or the Grantee, for 24 
consecutive 1-year renewal terms. Except as otherwise provided in this 
Ordinance, each renewal term will be on the same terms and conditions as 
the initial term. The maximum duration for which the Franchise may 
operate, including the initial and all renewal terms, is 25 years. 

(b) Either the Mayor and City Council of Baltimore, acting by and 
through the Director of Public Works, or the Grantee may cancel the 
Franchise as at the end of the initial or any renewal term by giving written 
notice of cancellation to the other at least 90 days before the end of that 
term. 

Section 5. And be it further ordained, That the Mayor and City 
Council of Baltimore, acting by and through the Board of Estimates, may 
increase or decrease the annual franchise charge by giving written notice of 
the increase or decrease to the Grantee at least 150 days before the end of 
the original or renewal term immediately preceding the renewal term to 
which the increase or decrease will first apply. The new franchise charge 
will apply to all subsequent annual renewal terms, unless again increased or 
decreased in accordance with this section. 

Section 6. And be it further ordained, That the Mayor and City 
Council of Baltimore expressly reserves the right at all times to exercise, in 
the interest of the public, full municipal superintendence, regulation, and 
control over and in respect to all matters connected with the Franchise and 
not inconsistent with the terms of this Ordinance. 

Section 7. And be it further ordained, That the Grantee, at its 
own cost and expense, shall maintain in good condition and in compliance 
with all applicable laws and regulations of Baltimore City, all structures for 
which the Franchise is granted. The maintenance of these structures shall 
be at all times subject to the regulation and control of the Commissioner of 
Housing and Community Development and the Director of Public Works. If 



143 



Ord. 98-285 1 997- 1 998 Session 



any structure for which the Franchise is granted must be readjusted, 
relocated, protected, or supported to accommodate a public improvement, 
the Grantee shall pay all costs and expenses in connection with the 
readjustment, relocation, protection, or support. 

Section 8. And be it further ordained, That at the option of the 
Mayor and City Council of Baltimore, acting by and through the Director of 
Public Works, the Grantee's failure to comply with any term or condition of 
this Ordinance constitutes a forfeiture of the Franchise. Immediately on 
written notice to the Grantee of the exercise of this option, the Franchise 
terminates. Once so terminated, only an ordinance of the Mayor and City 
Council of Baltimore may waive the forfeiture or otherwise reinstate the 
Franchise. 

Section 9. And be it further ordained, That at any time and 
without prior notice, the Mayor of Baltimore City may revoke the Franchise 
if, in the Mayor's judgment, the public interest, welfare, safety, or 
convenience so requires. Immediately on written notice to the Grantee of 
the exercise of this right, the Franchise terminates. 

Section 10. And be it further ordained, That on cancellation, 
expiration, forfeiture, revocation, or other termination of the Franchise for 
any reason, the Grantee shall remove all structures for which the Franchise 
is granted. The removal of these structures shall be (i) undertaken at the 
cost and expense of the Grantee, without any compensation from the Mayor 
and City Council of Baltimore, (ii) made in a manner satisfactory to the 
Commissioner of Housing and Community Development and the Director 
of Public Works, and (iii) completed within the time specified in writing by 
the Director of Public Works. 

Section 11. And be it further ordained, That the Grantee is liable 
for and shall indemnify and save harmless the Mayor and City Council of 
Baltimore against all suits, losses, costs, claims, damages, or expenses to 
which the Mayor and City Council of Baltimore is at any time subjected on 
account of, or in any way resulting from, (i) the presence, construction, use, 
operation, maintenance, alteration, repair, location, relocation, or removal of 
any of the structures for which the Franchise is granted, or (ii) any failure of 
the Grantee, its officers, employees, or agents, to perform promptly and 
properly any duty or obligation imposed on the Grantee by this Ordinance. 



144 



1 997- 1 998 Session Ord. 98-286 



Section 12. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 

Approved June 4, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-286 
Council Bill 98-679 

An Ordinance Concerning 

Dogfights — Penalties 



For the purpose of increasing the penalty for persons who cause, instigate, 
or permit dogfighting; and clarifying certain language. 

By repealing and reordaining, without amendments 
Article 11- Health 
Section(s) 32(b) 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

By repealing and reordaining, with amendments 
Article 11 -Health 
Section (s) 41(f) 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

By adding to 

Article 19 - Police Ordinances 

Section(s) 145(i)(2) 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 11 — Health 



145 



Ord. 98-286 1 997- 1 998 Session 

Animal Control 

32. Animal care. 

(b) No person shall beat, cruelly ill-treat, torment, overload, overwork, 
or otherwise abuse any animal, or cause, instigate or permit any dogfight, 
cockfight, bullfight, or other combat between animals or between animals 
and humans. 

41. Violation notice; hearing, appeal and penalties. 

(f) (1) Any person [violating] WHO violates any provision of this 
subtitle [shall be deemed] IS guilty of a misdemeanor and, ON conviction, 
[shall be punished by] IS SUBJECT TO THE FOLLOWING PENALTIES: 

(I) FOR A VIOLATION OF THE PROHIBITION IN § 32(B) AGAINST 

DOGFIGHTING, THE PENALTY IS A FINE OF NOT LESS THAN 
$500 NOR MORE THAN $ 1 ,000 FOR EACH OFFENSE; AND 

(II) FOR A VIOLATION OF ANY OTHER PROVISION OF THIS 

SUBTITLE, THE penalty IS a fine of not less than [Twenty- 
five Dollars ($25.00)] $25 nor more than [Five Hundred 
Dollars ($500.00)] $500 FOR EACH OFFENSE. 

(2) [If any violation be continuing, each day's violation shall be 
deemed a separate violation] Each DAY THAT A VIOLATION CONTINUES IS A 
SEPARATE OFFENSE. 

Article 19 - Police Ordinances 

Special Enforcement Officers 

145. Prepayable citations. 

(i) Enumeration of code violations and penalties. 

(2) Article 1 1 . Health: Penalty 



Sec. 32. Animal control — animal care — 

DOGFIGHTS $500.00 



146 



1 997- 1 998 Session Ord. 98-287 



Sec. 32. Animal control — animal care — GENERALLY $50 

DOGFIGHTS $500 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 5, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-287 
Council Bill 98-682 

An Ordinance Concerning 

Animal Control — Vicious Dogs and Attack Dogs 

For the purpose of prohibiting the keeping of vicious dogs and the training 
or keeping of attack dogs in the City; establishing a Vicious Dog 
Hearing Board and providing for its composition and duties; providing 
procedures for complaints, inspections, impoundments, investigations, 
hearings, and appeals; providing an exception for certain dogs; 
establishing penalties; defining certain terms; clarifying, correcting, and 
conforming certain language relating to vicious or dangerous animals; 
and generally relating to vicious dogs, attack dogs, and vicious or 
dangerous animals. 

By repealing and reordaining, with amendments 
Article 1 1 - Health 

Section(s) 24(a)(6), (33), 31(a), (d), 40(b), (d), (g), (h) 
Baltimore City Code 
(1983 Replacement Volume and 1996 Supplement) 

By adding 

Article 1 1 - Health 

Section(s) 24(a)(33a), 31(a-l), 40A 

Baltimore City Code 

(1983 Replacement Volume and 1996 Supplement) 

147 



Ord. 98-287 1997-1998 Session 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 11 — Health 

Subtitle — Animal Control 

24. Definitions. 

[(a)] [The] In this subtitle, the following [words and phrases] terms 
[as used in this subtitle and/or rules and regulations adopted 
pursuant thereto,] have THE MEANINGS INDICATED, unless a 
different meaning is plainly required by the context[, shall have the 
following meanings]: 

(6) "Attack [Dog] dog". 

[ — one] "Attack dog" means a dog trained to attack only on 
command or to protect persons or property. 

(33) "Vicious or [Dangerous Animals] DANGEROUS animal". 

[ — ] "Vicious or dangerous animal" means any animal, 

OTHER THAN A VICIOUS DOG, that: 

(1) constitutes a physical threat to human beings, animals, 
or livestock; [or any animal which,] 

(2) [due to its] HAS A disposition or propensity to cause 
injury or behave in a manner [which] THAT could 
reasonably cause injury to human beings, animals, or 
livestock, regardless of whether [or not such] THAT 
behavior is hostile; or [any animal which] 

(3) has bitten or attacked a human being or animal. 
(33a) "Vicious dog". 

(a) "Vicious dog" means any dog that: 

( 1 ) has bitten or attacked any person; or 



148 



1 997- 1 998 Session Ord. 98-287 



(2) has attempted to bite or attack any person and 
was prevented from doing so only because it was 
restrained by a leash, fence, or other means. 

(b) "Vicious dog" does not include a dog that has bitten 
or attacked a person or attempted to bite or attack 
a person if the injury, damage, or threat was 
sustained by a person who: 

( 1 ) at the time was committing a willful trespass or 
other tort on the premises occupied by the 
owner or keeper of the dog; 

(2) was tormenting, abusing, or assaulting the dog; 

(3) in the past has been observed or reported to 
have tormented, abused, or assaulted the dog; 

OR 
(4) WAS COMMITTING OR ATTEMPTING TO COMMIT A CRIME. 

(c) "Vicious dog" does not include a dog that has bitten 

OR ATTACKED A PERSON OR ATTEMPTED TO ATTACK OR BITE 
A PERSON IF THE DOG WAS: 

( 1 ) PROTECTING OR DEFENDING ITS YOUNG OR ANOTHER 
ANIMAL; OR 

(2) RESPONDING TO PAIN OR INJURY. 
31. Impoundment. 

(a) Unrestrained animals may be: 

(1) taken by the police, Sanitary Enforcement officers or other 
designated employees of the Health Department, humane 
officers, or anyone contracting with the Mayor and City 
Council of Baltimore so to do[,]; and 

(2) impounded in an animal shelter and there confined in a humane 
manner. 



149 



Ord. 98-287 1997-1998 Session 



(a- 1 ) During the period of impoundment, the Bureau of Animal 
Control must assess a dog to determine if it is a vicious dog. 
If the Bureau reasonably believes that it is a vicious dog, 
the Bureau must immediately submit a written 
investigation report to the vicious dog hearing board. 

(d) An owner reclaiming an impounded animal shall pay the fee 
imposed by law or regulation for each day the animal has been 
impounded and other charges including but not limited to 
inoculations, neutering, boarding and other costs incurred in 
maintaining the animal during the period of impoundment. An 
OWNER MAY NOT RECLAIM A DOG THAT THE BUREAU BELIEVES TO BE 
VICIOUS PENDING A HEARING UNDER § 40A OF THIS SUBTITLE. 

40. Animal disturbing the peace. 

(b) First complaint. 

[When] If two or more persons of different households submit to 
the Bureau of Animal Control a written complaint against the 
owner of an animal, claiming that the animal has disturbed their 
peace, or [when] IF one person submits to the Bureau of Animal 
Control an affidavit, as prescribed by the Bureau of Animal 
Control, making the claim against the owner of an animal that the 
animal has disturbed the peace of the claimant: 

(1) the Bureau of Animal Control shall investigate the complaint 
and [shall] identify and document all violations of this subtitle 
attributable to the owner of the animal; [and] 

(2) if the Bureau of Animal Control reasonably believes 
that the animal or any other animal on the premises is a 
vicious dog, the investigator must immediately impound 
the dog and submit a written investigation report to 
the Vicious Dog Hearing Board as set out in § 40A of 

THIS SUBTITLE ; AND 

[(2)](3) the Bureau of Animal Control shall provide the owner with 
information [concerning] ON an owner's responsibilities and 
liabilities under the Animal Control subtitle of [Article 1 1 — 
Health of the Baltimore City Code] THIS ARTICLE, and shall 
serve the owner with a violation notice documenting all 
violations of this subtitle. 



150 



1 997- 1 998 Session Ord. 98-287 



(d) Third complaint. 

[Where] If a third complaint RELATING TO THE SAME ANIMAL IS 
SUBMITTED, whether by written statement submitted by two or more 
persons of different households or by affidavit submitted by [an 
individual] ONE person [, relating to the same animal disturbing the 
peace is submitted]: 

(1) the Bureau of Animal Control shall investigate the complaint 
and [shall] identify and document all violations of this subtitle 
attributable to the owner of the animal; [and] 

(2) for all violations, except those relating to VICIOUS DOGS OR TO 
vicious or dangerous animals, the Bureau of Animal Control 
shall issue to the owner a prepayable citation for each violation 
as provided by law; and 

(3) in the case of a violation of the provisions relating to vicious or 
dangerous animals other than vicious DOGS, notwithstanding 
other provisions in this subtitle relating to seizure of animals, 
the animal shall BE promptly [be] seized by the Bureau of 
Animal Control, to be removed permanently from the owner 
and from the neighborhood. [For a period of ten] WITHIN 10 
days after [seizure of] the animal is SEIZED, the owner [has the 
right to make a written request] may APPLY IN writing to the 
Commissioner of Health for a hearing to regain possession of 
the animal. [A negative finding by the administrative hearing 
officer] AFTER THE HEARING, A PERSON AGGRIEVED BY THE 
DECISION may [be appealed] appeal to the Circuit Court, AS 

SET OUT IN THE MARYLAND RULES. 

(g) Animal bite — in general. 

Whoever owns, keeps, or has in his OR HER possession any animal, 
[of any kind whatsoever] other than a vicious DOG, [which] that 
bites any person within the City[,] may be summoned in the usual 
way before one of the judges of the District Court in Baltimore 
City; and [said] THAT person, upon conviction, [shall be] IS guilty of 
a misdemeanor and [be] subject to a fine; or else shall be required 
to deliver up the offending animal to be killed in the most humane 
manner possible; or shall be required to remove [said] THE animal 
permanently from [said] THE neighborhood; or [shall], in the 
discretion of the judge, [be] is subject both to a fine and also [be 



151 



Ord. 98-287 1 997- 1 998 Session 



required] to [deliver] delivering up [said] the animal to be killed 
in the most humane manner possible or to [remove said animal] 
REMOVING IT permanently from [said] THE neighborhood. If [such] 
THE person is required to deliver up [said] THE animal to be killed 
or removed [as aforesaid,] and [he] refuses or fails [so] to do SO, 
then [it shall be the duty of any] A police officer or [of any] A duly 
empowered agent [on behalf] of the City[, to] SHALL seize [such] 
THE animal wherever it [may be] is found in the City[, ]and [to] 
cause it to be killed in the most humane manner possible. 

(h) Animal bite — preliminary notice not required. 

[It] For purposes of subsection (g) of this section, it [shall] is 
not [be] necessary[, under this section,] to serve a first or 
preliminary notice upon [any] THE person owning, keeping, or 
having THE ANIMAL in his possession [an animal, which offending 
animal shall bite any person]; but [said owner, keeper or possessor 
of said offending animal shall] THAT PERSON is, upon sworn 
complaint of one person, [be] subject to summons under 
[paragraph] subsection (g) of this section. 

40A. Vicious dogs; attack dogs. 

(a) Prohibited conduct. 

( 1 ) Except as specified in subsection (g) of this section, no 
person may: 

(i) keep any vicious dog in the City; or 

(ii) keep or train any attack dog in the city. 

(2) Any person who violates any provision of this 
subsection is guilty of a misdemeanor and, on 
conviction, is subject to a fine of not more than $1 ,000 
or to imprisonment for not more than 90 days or to both 
fine and imprisonment for each offense. 

(b) Vicious Dog Hearing Board. 

( 1 ) There is a Vicious Dog Hearing Board for the City of 
Baltimore. 



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1 997- 1 998 Session Ord. 98-287 

(2) The Vicious Dog Hearing Board comprises 3 members 
appointed by the animal control advisory committee. 

(i) Members must have expertise in animal behavior. 

(ii) Members serve for a renewable 2- year term. 

(m) Members may be compensated as provided in the 
Ordinance of Estimates. 

(3) The Vicious Dog Hearing Board is responsible for 
providing hearings under subsection (e) of this section. 
The Board may adopt rules and regulations to govern 
its procedures. 

(c) Complaints. 

( 1 ) Any person who believes that a dog is a vicious dog may 
file a written complaint with the bureau of animal 
Control. 

(2) The complaint must: 
(i) describe the dog; 

(H) IDENTIFY WHERE IT IS LOCATED; AND 
(III) STATE IN CLEAR LANGUAGE HOW THE DOG IS VICIOUS. 
(D) INVESTIGATIONS. 

( 1 ) The Bureau of Animal Control must investigate 
complaints of vicious dogs. 

( 1 ) it is the policy of the bureau of animal control to take 
complaints about vicious dogs very seriously, and the 
Bureau will make every effort to investigate every 
complaint. 

(2) If the Bureau of Animal Control reasonably believes 
that a dog is a vicious dog, the bureau must : 



153 



Ord. 98-287 1 997- 1 998 Session 



(i) submit a written investigation report to the vicious 
Dog Hearing Board; and 

(n) impound the dog pending a hearing under subsection 
(e) of this section. 

(e) Vicious Dog hearing. 

(1) The Vicious Dog Hearing Board must conduct a public 
hearing on the question of whether a dog is a vicious 

DOG. 

(2) at least 2 days before the hearing, the vicious dog 
Hearing Board must give written notice of the time and 
place of the hearing: 

(i) to the owner of the dog, by certified mail, return 
receipt requested; and 

(ii) to the complainant, by regular mail. 

(3) The hearing may be conducted in an informal manner, 
and the strict rules of evidence do not apply. the 
Vicious Dog Hearing Board may hear any evidence that 
is relevant and probative, but it is not required to hear 
irrelevant or merely cumulative evidence. 

(4) If the Vicious Dog Hearing Board finds that the dog is 
vicious, the Board may issue an order for one or more of 
the following actions: 

(i) authorizing the commissioner of health to 
immediately kill the dog in the most humane way 
possible; 

(ii) requiring the owner to pay all costs of 
impoundment; 

(iii) requiring the owner to undertake any other 
corrective action; and 

(iv) referring the matter to the state's attorney for 
prosecution. 



154 



1 997- 1 998 Session Ord. 98-288 



(5) The Vicious Dog Hearing Board must make its findings 
and decision in writing. 

(f) Appeal. 

( 1 ) a person aggrieved by a decision of the vicious dog 
Hearing Board under this section may seek to have that 
decision reviewed by a court of competent iurisdiction, 

AS SET OUT IN THE MARYLAND RULES. 

(2) THE FILING OF A PETITION FOR REVIEW DOES NOT STAY ANY 
DECISION OR ORDER OF THE ADVISORY COMMITTEE OR ANY 
ACTION TAKEN UNDER A DECISION OR ORDER OF THE VICIOUS 

Dog Hearing Board. 

(g) Vicious dog at large. 

If a dog is found at large by an agent of the Bureau of 
Animal Control or by a police officer, and if the agent or 
police officer reasonably determines that the dog is a 
vicious dog and cannot be taken up or tranquillized and 
impounded, the agent or police officer may kill the dog . 

(h) exception. 

This section does not apply to a dog owned by and working 
for a governmental or law enforcement agency. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 5, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-288 
Council Bill 98-658 



155 



Ord. 98-288 1 997- 1 998 Session 



An Ordinance Concerning 

Zoning — Conditional Use Parking Lot — 
3613, 3615, 3617, and 3619 Roland Avenue 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of an open off-street parking 
area on the properties known as 3613, 3615, 3617, and 3619 Roland 
Avenue, as outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 4.7-ld-4, 6.2-ld-3, and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an open off-street parking area on the 
property known as 3613, 3615, 3617, and 3619 Roland Avenue, as outlined 
in red on the plat accompanying this Ordinance, in accordance with Article 
30, §§ 4.7-ld-4, 6.2-ld-3, and 1 1.0-6d of the Baltimore City Code, subject 
to the condition that the open off-street parking area complies with: 

1. the attached site plan; and 

2^ all applicable federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 



156 



1 997- 1 998 Session Ord. 98-289 



Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 16, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-289 
Council Bill 98-660 

An Ordinance Concerning 

Sale of City Property — 100 North Front Street 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
located at 100 North Front Street and no longer needed for public use; 
establishing certain conditions; and providing for a special effective 
date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the Comptroller of Baltimore City may sell, at either public or private sale, 
all the interest of the Mayor and City Council of Baltimore in the property 
located at 100 North Front Street, Baltimore, Maryland, and more 
particularly described as follows: 

Block 1306D, Lot 1/6 
100 North Front Street 

containing 17,340 square feet, more or less, of unimproved land, this 
property being no longer needed for public use. 

Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 



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Ord. 98-290 1 997- 1 998 Session 



Section 3, And be it further ordained. That the property will 
remain open space and will be maintained as a park. 

Section 4. And be it further ordained. That the City of Baltimore 
must apply for a Maryland Historic Trust easement prior to the sale of the 
property. 

Section 3 5. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 



Approved June 16, 1990 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-290 
Council Bill 98-671 

An Ordinance Concerning 



Zoning — Conditional Use Open Off-Street Parking Area — 
2-24 North Smallwood Street 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of an open off-street parking 
area, other than accessory, on the property known as 2-24 North 
Smallwood Street, for the parking of four or more automobiles on the 
portion of that property zoned R-8 and for the parking of four or more 
motor vehicles on the portion of that property zoned M-l-2, as outlined 
in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 4.8-ld-3, 7.1-lcc-l, and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an open off-street parking area, other than 
accessory, on the property known as 2-24 North Smallwood Street, for the 
parking of four or more automobiles on the portion of that property zoned 
R-8 and for the parking of four or more motor vehicles on the portion of that 



158 



1 997- 1 998 Session Ord. 98-290A 



property zoned M-l-2, as outlined in red on the plat accompanying this 
Ordinance, in accordance with Article 30, §§ 4.8-ld-3, 7.1-lcc-l, and 1 1.0- 
6d of the Baltimore City Code, subject to the condition that the off-street 
parking area complies with; 

1 . the site plan as approved by the Site Plan Review Committee, 

including landscaping, fencing, and lighting details; and 

2. all applicable federal, state, and local licensing and certification 

requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 16, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 

Ordinance 98-290A 

Council Bill 98-689 

An Ordinance Concerning 

Retirement Systems 



FOR the purpose of redefining "actuarial equivalent" with regard to 
electing certain benefit payment options; prohibiting payments in 



159 



Ord. 98-290A 1 997- 1 998 Session 



excess of Internal Revenue Code § 415 and § 401(a)(17) limitations; 
providing for compliance with Internal Revenue Code § 401(a)(9) on 
minimum required distributions; providing for eligible rollover 
distributions; including certain Baltimore- Washington International 
Airport employees within the meaning of "employee"; clarifying certain 
provisions governing optional retirement allowances; clarifying the 
structure of the "pop-up" option; allowing retired members to designate 
new beneficiaries under certain circumstances; removing the time 
requirement for certain elections to receive lump-sum cash-out 
payments; permitting certain persons who transfer from certain other 
retirement or pension systems to the Fire and Police Employees' 
Retirement System to claim certain service credit under certain 
conditions; providing for the transfer of funds from the Employees' 
Retirement System to the Fire and Police Employees' Retirement 
System to reflect the transfer of past service of certain paramedics; 
allowing a surviving spouse, child, or parent to receive a certain lump- 
sum death benefit from the Fire and Police Employees' Retirement 
System; allowing a surviving spouse to receive a non-line-of-duty death 
benefit from the Fire and Police Employees' Retirement System under 
certain circumstances; defining "dependent" for purposes of death 
benefits to the dependent parent of a deceased Fire and Police 
Employees' Retirement System member; recodifying existing death 
benefit provisions for the Fire and Police Employees' Retirement 
System; clarifying intestacy provisions for Fire and Police Employees' 
Retirement System death benefits; providing certain death benefits to 
surviving minor children of deceased Fire and Police Employees' 
Retirement System members, regardless of marital status; defining and 
redefining certain terms; clarifying, correcting, and recodifying certain 
provisions; providing for a special effective date; and generally relating 
to the Baltimore City Retirement Systems. 

By repealing and reordaining, with amendments 
Article 22 - Retirement Systems 

Section(s) 1(19), 9(m), 17A(18), 30(2)(a) and (e), 34(h) and (i) 
Baltimore City Code 

(1983 Replacement Volume and Supplements) 
(As amended by Ordinances 97-164 and 97-168) 



160 



997- 1 998 Session Ord. 98-290A 



By adding 

Article 22 - Retirement Systems 

Section(s) 9(o)(6), 9(q), 9(r), 9(s), 9(t), 22(r), 22(s), 22(0, 22(u). 

30(18), 32(i), 34(t), 34(u), 34(v), 34(w), 47(f), (g), (h), and (i) 
Baltimore City Code 

(1983 Replacement Volume and Supplements) 
(As amended by Ordinances 97-164 and 97-168) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 22 — Retirement Systems 

Subtitle — Employees' Retirement System 

1. Definitions. 

[(19) "Actuarial equivalent" shall mean a benefit of equal value when 
computed upon the basis of such mortality tables, as referred to in Section 
5(n) and 5(o), and such rate of regular interest, as provided in paragraph (9) 
of this section.] 

( 1 9) "Actuarial equivalent", for purposes of determining the 
amount of an optional retirement benefit under this subtitle, 
means a benefit of equivalent value when calculated using 
regular interest for actuarial equivalent purposes and the up-84 
mortality table with no set forward, except that in the case of 

DISABILITY RETIREMENTS UNDER THIS SUBTITLE, THE TABLE IS SET FORWARD 
9 YEARS. 

9. Class C Membership. 

[(m) Optional retirement allowances. 

Any Class C Member who is entitled to receive the Maximum 
Pension Benefit for Early Retirement, Normal Retirement, Postponed 
Retirement, Deferred Vested Benefit, Ordinary Disability Retirement, 
Dismemberment Disability Retirement or Accidental Disability Retirement 
may elect to receive the actuarial equivalent of such Maximum Pension 



161 



Ord. 98-290A 1 997- 1 998 Session 



Benefit computed as of the effective date of retirement, in a lesser amount 
payable throughout the member's life in accordance with the following 
provisions: 

Option 1 . If the member dies prior to receiving the Actuarial 
Reserve for his pension as it was at the time of his retirement, the balance 
shall be paid as a lump-sum to the member's designated beneficiary. 

Option 2. Upon the member's death, if the member's 
designated beneficiary is living, his pension shall be continued throughout 
the life of and paid to said member's designated beneficiary. 

Option 3. Upon the member's death, if the member's 
designated beneficiary is living, one-half of his pension shall be continued 
throughout the life of and paid to said member's designated beneficiary. 

Option 4. Any other manner of payment, including Social 
Security Equalization, subject to the approval of the Board of Trustees and 
the Actuary. 

At the time of retirement, the member may have his accumulated 
contributions, if any, with interest paid in a lump-sum or in any other 
manner of payment, subject to the approval of the Board of Trustees and the 
Actuary. 

(1) Notwithstanding anything herein to the contrary, the option 
available to a member shall be (i) in the case of a member who shall be 
married at the time of his making an election for optional pension benefits, 
any option whereby payments will commence as of the member's actual 
retirement date and will be payable to the member for life, and thereafter, if 
the member's spouse shall survive him, payments not larger than those made 
to the member will continue for as long as the member's spouse shall 
survive the member, and such payments after the death of the member will 
be payable to the member's beneficiary (who need not be the spouse), or (ii) 
any other option whereby the present value of the payments to be made to 
the member is more than fifty percent (50%) of the present value of the total 
payments to be made to the member and beneficiaries (based on actual lives 
or on life expectancies as of the date of commencement of benefits). 

(2) Any living retired member shall have the right, within 
thirty (30) days after the effective date of retirement, and not thereafter, to 
change from the election of the Maximum Pension benefit to any one of the 
Optional Pension Benefits hereinbefore set forth, or to change from the 



162 



1 997- 1 998 Session Ord. 98-290A 



election of any one of said Optional Pension Benefits to another one of said 
Optional Pension Benefits, or to change from the election of any one of said 
Optional Pension Benefits to the Maximum Pension Benefit. Any living 
retired Member shall have the right, within thirty (30) days after the 
effective date of retirement, to change the designation of a beneficiary; but 
thereafter no such change of a designated beneficiary may be made in 
connection with any Optional Pension Benefit payable periodically to the 
beneficiary designated. 

(3) If any living retired member changes the type or kind of 
pension benefit elected, as provided hereinbefore, then any payments which 
may have been made prior to such change are to be taken into account in 
computing the amount to be paid in connection with the Pension benefit 
finally selected. 

(4) Upon the Member's actual retirement on Early Retirement, 
Normal Retirement, Postponed Retirement, Ordinary Disability or Deferred 
Vested Pension, the pension benefits, or upon the Member's death, the 
beneficiary's pension benefits, shall not be increased or decreased due to 
any subsequent changes in the Federal Old-Age Survivor's and Disability 
Insurance Act. 

(5) Any Member who retires and dies within thirty (30) days 
after the effective date of his retirement, and who has been granted a 
Maximum Pension for Normal Retirement, Early Retirement, Postponed 
Retirement, Accidental Disability, or who has elected to receive one of the 
Optional Pensions in lieu thereof, shall be considered the same as a Member 
who died in active Service, and the Ordinary Death Benefit I or the 
Ordinary Death Benefit II provided for in this Section shall be paid in lieu 
of any of the benefits provided for in Sections 9(e), 9(f), 9(g), 9(h), 9(i), 
9(j), and 9(k). 

Any Normal Retirement, Early Retirement, Postponed Retirement, 
Accidental Disability, Ordinary Disability or Dismemberment Disability 
payments made to any Member, who dies within thirty (30) days after the 
effective date of his retirement, shall be offset against any amounts payable 
under the provisions of this Section. 

Notwithstanding any provision to the contrary contained in this 
Section, any Member who retires prior to age sixty-five (65) and who 
postpones his pension benefits to commence upon his attainment of age 
sixty-five (65), shall be considered the same as a Member who died in 
active Service if he dies at any time between the effective date of retirement 



163 



Ord. 98-290A 1 997- 1 998 Session 



and thirty (30) days following the attainment of age sixty-five (65), and the 
benefits provided in this Section shall be paid as herein provided. Any 
pension benefit payments made to said Member after his attainment of age 
sixty-five (65), shall be offset against any amounts payable under the 
provisions of this Section. 

(6) In the event that a member who was an employee on or 
after July 1, 1987, but not after June 28, 1989, retires and elects to receive 
maximum benefits without optional modification later dies and is survived 
by a spouse to whom the member had been married for at least one (1) year 
immediately prior to retirement, an amount equal to 5% of the allowance 
said member was receiving shall be paid to such surviving spouse to 
continue as long as he or she remains unmarried. If there is no such spouse 
or if the spouse dies or remarries before the youngest unmarried child of 
said deceased member shall have either attained the age of eighteen (18) 
years or, in the event said child is a full time student, before he shall have 
attained the age of twenty-two (22) years, then an amount equal to 5% of the 
allowance said member was receiving shall be paid to such child or 
children, divided in such manner as the Board of Trustees in its discretion 
shall determine to continue for the benefit of such child or children until the 
last child marries, dies or either attains the age of eighteen (18) years or in 
the event he is a full-time student, attains the age of twenty-two (22) years. 

(7) In the event that a member who was an employee on or 
after June 29, 1989, retires and elects to receive maximum benefits without 
optional modification later dies and is survived by a spouse to whom the 
member had been married for at least one (1) year immediately prior to 
retirement, an amount equal to 35% (or such different amount as set forth 
below) of the allowance said member was receiving shall be paid to such 
surviving spouse to continue as long as he or she remains unmarried. If 
there is no such spouse or if the spouse dies or remarries before the 
youngest unmarried child of said deceased member shall have either 
attained the age of eighteen (18) years or, in the event said child is a full- 
time student, before he shall have attained the age of twenty-two (22) years, 
then an amount equal to 35% (or such different amount as set forth below) 
of the allowance said member was receiving shall be paid to such child or 
children, divided in such manner as the Board of Trustees in its discretion 
shall determine to continue for the benefit of such child or children until the 
last child marries, dies or either attains the age of eighteen (18) years or in 
the event he is a full-time student, attains the age of twenty-two (22) years. 
For members who terminate employment with the City before June 29, 
1990, the preceding two sentences shall be read by substituting "33-1/3%" 
for "35%" wherever such amounts appear therein. 



164 



1 997- 1 998 Session Ord. 98-290A 



However, effective June 28, 1992, any eligible surviving spouse, 
child or children of a member who retired and elected or who will retire and 
elect the maximum benefit under the above paragraph, shall receive 40% of 
the allowance the member was receiving. 

(8) Lump sums. 

(A) If any retirement benefit payable currently or in the 
future to any Class C member or former Class C member of this System 
who has terminated City employment with entitlement to a deferred vested 
pension benefit under Section 9 (1), a normal retirement benefit under 
Section 9(e) or an early retirement benefit under Section 9(f), shall have a 
lump sum present value as determined under subsection (B) of $10,000 or 
less, and if benefit payments to such member or former member have not 
commenced, then such benefit may, at the election of the member or former 
member, be paid in an immediate single lump sum. Such election must be 
made by the later of (1) June 30, 1992 or (2) one year after the date on 
which the member or former member terminated City employment. If a 
lump sum is paid under this Section 9(m)(8), then the member or former 
member, including his beneficiaries, shall not be entitled to any other 
benefits from this System on account of the service on which the lump sum 
was based. No lump sum may be paid for any type of disability benefit. 
However, a disabled member may waive the disability benefit and, if 
eligible, elect a lump sum under this Section 9(m)(8) based on the benefit 
the member would be entitled to without regard to the disability. 

(B) Lump sum present values shall be calculated using 
actuarial assumptions recommended from time to time by the actuary and 
approved by the Board of Trustees for purposes of this section.] 

(m) Method of payment. 

(1) maximum retirement allowance. 

(A) Any Class C member eligible to receive a retirement 

ALLOWANCE UNDER THIS SUBTITLE IS ENTITLED TO RECEIVE THE MAXIMUM 
BENEFIT WITHOUT ACTUARIAL MODIFICATION. 

(B) ON RECEIPT OF PROPER PROOF OF DEATH OF A RETIRED 
MEMBER RECEIVING THE MAXIMUM BENEFIT, THE BOARD OF TRUSTEES SHALL 
PAY AN AMOUNT EQUAL TO 40% OF THE RETIRED MEMBER'S RETIREMENT 
ALLOWANCE AS OF THE DATE OF THE RETIRED MEMBER'S DEATH, TO ONE OF 
THE FOLLOWING BENEFICIARIES: 



165 



Ord. 98-290A 1 997- 1 998 Session 



(I) IF THE RETIRED MEMBER IS SURVIVED BY A SPOUSE TO 
WHOM THE RETIRED MEMBER WAS MARRIED FOR AT LEAST 1 YEAR 
IMMEDIATELY BEFORE THE RETIRED MEMBER'S RETIREMENT DATE, THE 
BENEFIT SHALL BE PAID TO THE SURVIVING SPOUSE, TO CONTINUE FOR LIFE OR 
UNTIL REMARRIAGE; OR 

(U) IF THERE IS NO QUALIFYING SURVIVING SPOUSE OR IF 
THE SURVIVING SPOUSE DIES OR REMARRIES, THEN THE BENEFIT SHALL BE 
PAID TO THE RETIRED MEMBER'S MINOR CHILDREN, IN EQUAL SHARES, TO 
CONTINUE UNTIL THE CHILDREN ARE NO LONGER MINOR, AS DEFINED IN 
§ 47(H) OF THIS ARTICLE. 

(C) For purposes of this paragraph ( 1 ), when a retired 

MEMBER'S CHILD IS NO LONGER A MINOR AND CONSEQUENTLY CEASES TO 
RECEIVE BENEFITS UNDER THIS PARAGRAPH (1), EACH REMAINING MINOR 
CHILD SHALL BEGIN TO RECEIVE, IN ADDITION TO HIS OR HER EXISTING 
BENEFIT, AN EQUAL SHARE OF THE BENEFIT FORMERLY PAID TO THE OTHER 
CHILD. THIS PROCESS CONTINUES until the youngest child is no longer 

A MINOR. 

(2) Elections for retirement allowance with actuarial 
modification. 

(a) in general 

Instead of the allowance provided for in paragraph 
( 1 ) of this subsection, a class c member who is entitled to receive a 
retirement allowance from this system may elect to receive a 
lesser retirement allowance for life from among the options set 
forth in subparagraphs (b) through (e) of this paragraph (2). the 
lesser optional retirement allowance that the retired member 
will receive, when combined with the optional survivorship benefit 
selected by the retired member, will equal the actuarial 
equivalent of the retired member's maximum retirement allowance 
computed as of the retired member's retirement date. 

(B) Reserve guarantee option. 

(i) On the retired member's death, the balance of 

THE RETIRED MEMBER'S ACTUARIAL RESERVE AT THE TIME OF RETIREMENT, 
AFTER DEDUCTING THE TOTAL AMOUNT OF PERIODICAL PAYMENTS RECEIVED 
BY THE RETIRED MEMBER DURING HIS OR HER LIFE, WILL BE PAYABLE AS A 
LUMPSUM: 



166 



1 997- 1 998 Session Ord. 98-290A 



1. TO THE RETIRED MEMBER'S DESIGNATED 



BENEFICIARY: OR 



2. IF THERE IS NO DESIGNATED BENEFICIARY OR IF THE 
DESIGNATED BENEFICIARY PREDECEASES THE RETIRED MEMBER, TO THE 
RETIRED MEMBER'S ESTATE. 

(II) A MEMBER SELECTING THIS RESERVE GUARANTEE 
OPTION MAY CHANGE HIS OR HER DESIGNATED BENEFICIARY AT ANY TIME 
THROUGHOUT RETIREMENT. 

(C) Joint and survivor options. 

(I) ON THE RETIRED MEMBER'S DEATH, THE MEMBER'S 
DESIGNATED BENEFICIARY WILL RECEIVE A LIFETIME BENEFIT OF EITHER, AS 
ELECTED BY THE MEMBER: 

1 . 1 00% OF THE PERIODICAL ALLOWANCE THE RETIRED 
MEMBER WAS RECEIVING AT THE TIME OF DEATH; OR 

2. 50% OF THE PERIODICAL ALLOWANCE THE RETIRED 
MEMBER WAS RECEIVING AT THE TIME OF DEATH. 

(H) WITHIN 30 DAYS OF THE RETIRED MEMBER'S 
RETIREMENT DATE, THE RETIRED MEMBER MAY ELECT TO CHANGE THE 
DESIGNATED BENEFICIARY FOR BENEFITS UNDER THIS SUBPARAGRAPH (C). 

(m) IF THE DESIGNATED BENEFICIARY PREDECEASES THE 
RETIRED MEMBER WHILE STILL WITHIN 30 DAYS OF THE RETIREMENT DATE, 
THE RETIRED MEMBER MAY DESIGNATE A NEW BENEFICIARY WITHIN 30 DAYS 
OF THE DESIGNATED BENEFICIARY'S DEATH. 

(IV) IF THE DESIGNATED BENEFICIARY PREDECEASES THE 
RETIRED MEMBER WHILE WITHIN 30 DAYS OF THE RETIREMENT DATE AND THE 
RETIRED MEMBER DOES NOT DESIGNATE A NEW BENEFICIARY WITHIN 30 DAYS 
OF THE DESIGNATED BENEFICIARY'S DEATH OR IF THE DESIGNATED 
BENEFICIARY DIES ON OR AFTER THE 3 1 CT DAY FOLLOWING THE RETIREMENT 
DATE: 

1 . THE RETIRED MEMBER CONTINUES TO RECEIVE A 
LESSER RETIREMENT ALLOWANCE UNDER THIS SURVIVORSHIP OPTION; 

2. NO NEW BENEFICIARY MAY BE DESIGNATED; AND 

167 



Ord. 98-290A 1 997- 1 998 Session 



3. ON THE RETIRED MEMBER'S DEATH, NO 
SURVIVORSHIP BENEFIT IS PAYABLE. 

(D) "Pop-up "joint and survivor options. 

(I) ON THE RETIRED MEMBER'S DEATH, THE MEMBER'S 
DESIGNATED BENEFICIARY WILL RECEIVE A LIFETIME BENEFIT OF EITHER, AS 
ELECTED BY THE MEMBER: 

1 . 1 00% OF THE PERIODICAL ALLOWANCE THE RETIRED 
MEMBER WAS RECEIVING AT THE TIME OF DEATH; OR 

2. 50% OF THE PERIODICAL ALLOWANCE THE RETIRED 
MEMBER WAS RECEIVING AT THE TIME OF DEATH. 

(ii) Within 30 days of the retired member's 

RETIREMENT DATE, THE RETIRED MEMBER MAY ELECT TO CHANGE THE 
DESIGNATED BENEFICIARY FOR BENEFITS UNDER THIS SUBPARAGRAPH (D). 

(III) If the designated beneficiary predeceases the 

RETIRED MEMBER WHILE STILL WITHIN 30 DAYS OF THE RETIREMENT DATE, 
THE RETIRED MEMBER MAY DESIGNATE A NEW BENEFICIARY WITHIN 30 DAYS 
AFTER THE DESIGNATED BENEFICIARY'S DEATH. 

(IV) IF THE DESIGNATED BENEFICIARY PREDECEASES THE 
RETIRED MEMBER WHILE WITHIN 30 DAYS OF THE RETIREMENT DATE AND THE 
RETIRED MEMBER DOES NOT DESIGNATE A NEW BENEFICIARY WITHIN 30 DAYS 
AFTER THE DESIGNATED BENEFICIARY'S DEATH OR IF THE DESIGNATED 
BENEFICIARY DIES ON OR AFTER THE 3 1 st DAY FOLLOWING THE RETIREMENT 
DATE: 

1. THE RETIRED MEMBER RECEIVES THE MAXIMUM 
RETIREMENT ALLOWANCE, EFFECTIVE FROM THE 1 st DAY AFTER THE DEATH 
OF THE DESIGNATED BENEFICIARY; 

2. NO OTHER BENEFICIARY MAY BE DESIGNATED; AND 

3. ON THE RETIRED MEMBER'S DEATH, NO 
SURVIVORSHIP BENEFIT IS PAYABLE, WHETHER UNDER THIS SURVIVORSHIP 
OPTION OR THE MAXIMUM RETIREMENT ALLOWANCE. 



168 



1 997- 1 998 Session Ord. 98-290A 



(E) Specific benefit option. 

(i) On the retired member's death, the member's 

DESIGNATED BENEFICIARY WILL RECEIVE, AS ELECTED BY THE MEMBER 
BEFORE THE MEMBER'S RETIREMENT DATE: 

1 . A SPECIFIC LUMP-SUM AMOUNT; OR 

2. A SPECIFIC PERIODICAL ALLOWANCE, PAYABLE TO 
THE DESIGNATED BENEFICIARY FOR LIFE. 

(ii) This pre-determined benefit must be approved, at 

THE TIME OF THE MEMBER'S RETIREMENT, BY THE BOARD OF TRUSTEES 
PURSUANT TO THE RECOMMENDATION OF THE SYSTEM'S ACTUARY. 

(in) Within 30 days of the retired member's 

RETIREMENT DATE, THE RETIRED MEMBER MAY ELECT TO CHANGE THE 
DESIGNATED BENEFICIARY FOR BENEFITS UNDER THIS SUBPARAGRAPH (E). 

(IV) IF THE DESIGNATED BENEFICIARY PREDECEASES THE 
RETIRED MEMBER WHILE STILL WITHIN 30 DAYS OF THE RETIREMENT DATE, 
THE RETIRED MEMBER MAY DESIGNATE A NEW BENEFICIARY WITHIN 30 DAYS 
AFTER THE DESIGNATED BENEFICIARY'S DEATH. 

(V) IF THE DESIGNATED BENEFICIARY PREDECEASES THE 
RETIRED MEMBER WHILE WITHIN 30 DAYS OF THE RETIREMENT DATE AND THE 
RETIRED MEMBER DOES NOT DESIGNATE A NEW BENEFICIARY WITHIN 30 DAYS 
AFTER THE DESIGNATED BENEFICIARY'S DEATH OR IF THE DESIGNATED 
BENEFICIARY DIES ON OR AFTER THE 3 1 CT DAY FOLLOWING THE RETIREMENT 
DATE: 

1 . THE RETIRED MEMBER CONTINUES TO RECEIVE A 
LESSER RETIREMENT ALLOWANCE UNDER THIS SURVIVORSHIP OPTION; 

2. NO OTHER BENEFICIARY MAY BE DESIGNATED; AND 

3. ON THE RETIRED MEMBER'S DEATH, NO 
SURVIVORSHIP BENEFIT IS PAYABLE. 

(3) CHANGE OF ELECTION WITHIN 30 DAYS. 

(A) Any retired member may elect to make the changes 

AUTHORIZED IN THIS PARAGRAPH (3) ON OR BEFORE THE LATER OF: 



169 



ORD. 98-290A 1 997- 1 998 SESSION 



(I) THE 30 th DAY AFTER THE RETIRED MEMBER'S 
RETIREMENT DATE; OR 

(II) IF THE RETIRED MEMBER'S DESIGNATED BENEFICIARY 
PREDECEASES THE RETIRED MEMBER WHILE WITHIN 30 DAYS OF THE 
RETIREMENT DATE, THE 30 th DAY AFTER THE DESIGNATED BENEFICIARY'S 
DEATH. 

(B) Within the periods specified, a retired member may 

ELECT TO CHANGE: 

(I) THE RETIRED MEMBER'S MAXIMUM ALLOWANCE UNDER 
PARAGRAPH ( 1 ) OF THIS SUBSECTION TO ANY ONE OF THE ACTUARIALLY 
MODIFIED RETIREMENT ALLOWANCES UNDER PARAGRAPH (2) OF THIS 
SUBSECTION; 

(II) THE RETIRED MEMBER'S ELECTION FOR AN 
ACTUARIALLY MODIFIED RETIREMENT ALLOWANCE UNDER PARAGRAPH (2) OF 
THIS SUBSECTION TO THE MAXIMUM ALLOWANCE UNDER PARAGRAPH (1) OF 
THIS SUBSECTION; OR 

(III) THE RETIRED MEMBER'S ELECTION FOR ONE 
ACTUARIALLY MODIFIED RETIREMENT ALLOWANCE UNDER PARAGRAPH (2) OF 
THIS SUBSECTION TO ANY OTHER OF THE ALLOWANCES UNDER PARAGRAPH 
(2) OF THIS SUBSECTION. 

(C) Any payments made to a retired member under the 

ORIGINAL ELECTION SHALL BE TAKEN INTO ACCOUNT IN COMPUTING THE 
ALLOWANCE TO BE PAID UNDER THE SUBSEQUENT ELECTION. 

(4) (Vacant! Limitation on actuarial modification. 

(a) a member may elect to receive an actuarially 
modified retirement allowance other than the maximum 

ALLOWANCE ONLY IF, UNDER THAT MODIFICATION, THE PRESENT VALUE OF 
THE TOTAL PAYMENTS DURING THE LIFE OF THE RETIRED MEMBER WOULD BE 
GREATER THAN 50% OF THE SUM OF: 

(I) THE PRESENT VALUE OF THE PAYMENTS TO BE MADE 
DURING THE LIFE OF THE RETIRED MEMBER; AND 

(II) THE PRESENT VALUE OF THE PAYMENTS TO BE MADE TO 
THE RETIRED MEMBER'S DESIGNATED BENEFICIARY. 



170 



1 997- 1 998 Session Ord. 98-290A 



(b) the benefits calculated under this paragraph (4) 
shall be determined, as of the retired member's retirement date, on 
the basis of actual lives or life expectancies of the retired member 
and the retired member's designated beneficiary. 

(5) Social Security equalization election. 

a class c member who is entitled to receive an early 
retirement benefit, beginning between the ages of 55 and 61 , both 
inclusive, may elect to receive instead an adjusted retirement 
benefit of equivalent actuarial value, payable in a greater 
amount while the class c member is between the ages of 55 and 61 , 
both inclusive, and a correspondingly reduced amount, 
actuarially determined, on becoming 62 years old, so that the 
retired member's total income (including both the adjusted 
retirement benefit payable under this paragraph and the social 
security benefit to which the class c member is entitled to receive 
at age 62) will be as nearly uniform as possible both before and 
after the social security benefits begin. 

(6) Election to receive transferred-in accumulated 
contributions on deposit. 

(a) in addition to receiving a maximum retirement 
allowance or a modified retirement allowance at retirement, any 
retired Class C member may elect to receive a refund, with 

INTEREST, OF THE RETIRED MEMBER'S TRANSFERRED-IN ACCUMULATED 
CONTRIBUTIONS ON DEPOSIT THAT DID NOT RESULT IN ANY RETIREMENT 
BENEFIT FROM THIS SYSTEM. 

(B) The Benefits under this paragraph (6) shall be paid 
IN a lump sum or annuity. If a retired member elects to receive the 
benefits in the form of an annuity, the method of paying the 
annuity shall be consistent with the method of paying the retired 
member' s principal retirement allowance under paragraphs ( 1 ) and 
(2) of this subsection. 

(c) the payment of benefits under this paragraph (6) is 
subject to the approval of the board of trustees. 



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Ord. 98-290A 1 997- 1 998 Session 



(7) Election to receive lump-sum pa yment. 

(A) Any Class C member or former Class C member who 

HAS CEASED ALL PERMANENT FULL-TIME AND PERMANENT PART-TIME 
EMPLOYMENT WITH THE ClTY MAY ELECT TO RECEIVE THE PRESENT VALUE OF 
THE MEMBER'S TOTAL PENSION BENEFIT, IN A SINGLE LUMP-SUM PAYMENT, IF: 

(I) THE MEMBER IS ENTITLED TO: 

1 . A NORMAL SERVICE RETIREMENT BENEFIT UNDER 
§ 9(E) OF THIS ARTICLE; 

2. AN EARLY SERVICE RETIREMENT BENEFIT UNDER § 
9(F) OF THIS ARTICLE; OR 

3. A DEFERRED VESTED BENEFIT UNDER § 9(L); AND 

(II) THE PRESENT VALUE OF THE TOTAL PENSION BENEFIT IS 
$10,000 OR LESS. 

(B) A MEMBER WHO RECEIVES A LUMP-SUM PAYMENT UNDER 
THIS PARAGRAPH (7) CEASES TO BE ENTITLED TO ANY OTHER BENEFITS FROM 
THIS SYSTEM. 

(C) A Class C member entitled to receive both a 

DISABILITY OR DISMEMBERMENT BENEFIT AND ONE OF THE THREE SERVICE 
BENEFITS LISTED IN PARAGRAPH (7) (A) OF THIS SUBSECTION, MAY WAIVE HIS 
OR HER RIGHTS TO THE DISABILITY OR DISMEMBERMENT BENEFITS AND ELECT 
TO RECEIVE A LUMP-SUM PAYMENT UNDER THIS PARAGRAPH. 

(D) The present value of the benefit payable under this 
paragraph (7) shall be calculated as of the date the member ceases 
all permanent full-time and permanent part-time employment with 
the City, using actuarial assumptions as of that date approved by 
the Board of Trustees pursuant to the recommendation of the 
system's actuary. 

(8) Transitional rules. 

(A) For members who terminated employment on or 
after July 1, 1987, and on or before June 28, 1989, paragraph (1)(B) 

OF THIS SUBSECTION (M) SHALL BE READ BY SUBSTITUTING "5%" FOR "40%". 



172 



1 997- 1 998 Session Ord. 98-290A 



(B) For members who terminated employment on or 
before June 30, 1987, paragraph (1) of this subsection (m) shall be 
read by deleting subparagraph (b) and substituting the following: 

"(b) other than a return of 
accumulated contributions or purchases of 

SERVICE THAT RESULTED IN NO BENEFIT, NO DEATH 
BENEFIT IS PAYABLE TO THE BENEFICIARIES, NEXT 
OF KIN, OR THE ESTATE OF ANY CLASS C MEMBER 
WHO DIES AFTER ELECTING TO RECEIVE MAXIMUM 
BENEFITS WITHOUT ACTUARIAL MODIFICATION." 

(o) Death benefits. 

(6) Death of retired member within 30 da ys of retirement. 
(A) Scope of paragraph. 

Except as specified in subparagraph (B), this 

PARAGRAPH (6) APPLIES TO: 

(I) A RETIRED MEMBER WHO: 

1 . HAS BEEN GRANTED A SERVICE OR DISABILITY 
RETIREMENT ALLOWANCE; AND 



DATE; OR 



2. DIES WITHIN 30 DAYS OF HIS OR HER RETIREMENT 

(II) A RETIRED MEMBER WHO: 

1 . RETIRES BEFORE REACHING AGE 65 ; 

2. WHEN APPLYING FOR RETIREMENT, ELECTS TO 
POSTPONE RECEIPT OF HIS OR HER RETIREMENT ALLOWANCE UNTIL AGE 65; 
AND 

3. DIES WITHIN 30 DAYS AFTER REACHING AGE 65. 



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Ord. 98-290A 1 997- 1 998 Session 



(B) Exception. 

This paragraph does not apply to a former member 
who terminates employment before reaching age 65 without 
immediate entitlement to retirement benefits. 

(C) Death deemed to be during active service. 

a retired member or vested former member 
described in subparagraph (a) of this paragraph (6) is deemed to 
have died while still employed by the city and, instead of any 
other service or disability benefits under this system , an ordinary 
death benefit will be paid as if he or she died during active service. 

(d) offset of payments received. 

Any pension benefits paid by this system and 
received by the retired member or former member before he or she 
died shall be offset against the death benefits payable under this 
paragraph. 

(q) Compuance with Internal Revenue Code §41 5. 

Notwithstanding any other provision of this subtitle, no 
benefits are provided under this subtitle to the extent that they 
exceed the limitations applicable to governmental plans in 
Internal Revenue Code § 41 5 and the regulations adopted under it. 

(r) Compuance with Internal Revenue Code § 401 (a)(9). 

( 1 ) Distributions under this subtitle shall be made in 
accordance with the regulations adopted under internal revenue 
Code § 401 (a)(9), as applicable to this system, including 
Regulation § 1 .401 (a)(9)-2, which regulations override any 
distribution options in this subtitle to the extent of any 
inconsistency. this subsection is intended to comply with the 
requirements of internal revenue code § 401 (a)(9) to the extent 
applicable to this system, and shall not be interpreted to impose 
any requirements on this system or on any member or beneficiary 
beyond those required to comply with § 401 (a)(9). this subsection 
only specifies the latest permissible time by which distributions 
must begin and the longest permissible period over which 
distributions may be made, and in no way precludes any earlier 



174 



1 997- 1 998 Session Ord. 98-290A 



commencement or more rapid distribution provided for in this 
subtitle. 

(2) Distribution of a member's retirement benefit shall 
begin no later than the april 1 following the calendar year 
during which the member both has reached age 70vl and has 
terminated employment with the city. distribution shall be made 
over a period not extending beyond the life of the member or the 
joint lives of the member and his or her beneficiary. 

(3) if a member dies before distribution of his or her 
retirement benefit begins, the member's entire benefit shall be 
distributed within 5 years after death. this requirement is deemed 
satisfied by any distribution of the member's benefit payable to his 
or her beneficiary over a period not extending beyond the life or 
life expectancy of the beneficiary, as long as those distributions 

BEGIN NO LATER THAN DECEMBER 3 1 OF THE CALENDAR YEAR FOLLOWING 
THE CALENDAR YEAR OF THE MEMBER' S DEATH. HOWEVER, IF THE 
BENEFICIARY IS THE MEMBER'S SURVIVING SPOUSE, THE DATE ON WHICH THE 
DISTRIBUTIONS ARE REQUIRED TO BEGIN IS DECEMBER 3 1 OF THE CALENDAR 
YEAR IN WHICH THE MEMBER WOULD HAVE ATTAINED AGE lOVi . THIS 
PARAGRAPH (3) DOES NOT APPLY IF DISTRIBUTION OF THE MEMBER'S BENEFIT 
BEGAN BEFORE HIS OR HER DEATH AND THE REMAINING PORTION OF THE 
MEMBER'S BENEFIT IS DISTRIBUTED AT LEAST AS RAPIDLY AS UNDER THE 
METHOD OF DISTRIBUTION BEING USED AT THE DATE OF THE MEMBER'S 
DEATH. ANY AMOUNT PAID TO A CHILD IS TREATED AS IF IT IS PAID TO THE 
SURVIVING SPOUSE WHEN THAT CHILD REACHES THE AGE OF MAJORITY. 

(s) Compensation limit. 

(\) General rule. 

the annual compensation of each member taken into 
account under this subtitle shall not exceed the federal omnibus 
Budget Reconciliation Act of 1993 ("OBRA '93") annual 
compensation limit. the obra '93 annual compensation limit is 
$ 1 50,000, adjusted for cost of living increases under internal 
Revenue Code § 401(a)(17)(B) and subject to the fresh start 

PROVISIONS SET FORTH IN PARAGRAPH (2) OF THIS SUBSECTION. THE COST OF 
LIVING ADJUSTMENT IN EFFECT FOR A CALENDAR YEAR APPLIES TO ANY 
PERIOD NOT EXCEEDING 12 MONTHS OVER WHICH COMPENSATION IS 
DETERMINED (THE "DETERMINATION PERIOD") BEGINNING IN THAT CALENDAR 
YEAR. IF A DETERMINATION PERIOD CONSISTS OF FEWER THAN 1 2 MONTHS, 



175 



Ord. 98-290A 1 997- 1 998 Session 



the annual compensation limit will be multiplied by a fraction, the 
numerator of which is the number of months in the short 
determination period and the denominator of which is 1 2. if 
compensation for any prior determination period is taken into 
account in determining a member's retirement benefit in the 
current year, the compensation for that prior determination 
period is subject to the obra '93 annual compensation limit for 
that prior determination period. for this purpose, for 
determination periods beginning before july 1 , 1 994, the obra '93 
annual compensation limit is $ 1 50,000. 

(2) Special rule. 

(a) in this paragraph, "§ 401 (a)(17) member" means any 
member on or after july 1 , 1 994, whose annual compensation for 
any year before 1994 exceeded $150,000. 

(B) This paragraph (2) applies to determine the 

RETIREMENT BENEFIT OF A § 401 (A)( 1 7) MEMBER. 

(C) The retirement benefit of a § 40 1 (a)( 1 7) member 

SHALL BE THE GREATER OF (i) OR (II) BELOW: 

(I) THE MEMBER'S RETIREMENT BENEFIT ON JUNE 30, 1 994, 
DETERMINED AS THOUGH THE MEMBER TERMINATED SERVICE WITH THE ClTY 
ON THAT DATE, WITHOUT REGARD TO ANY AMENDMENTS TO THIS SUBTITLE 
ENACTED AFTER THAT DATE AND TAKING INTO ACCOUNT ANNUAL 

compensation up to the applicable § 401 (a)( 1 7) limitation for each 
year before july 1 , 1 994; or 

(ii) the member's retirement benefit, determined 
without regard to this paragraph (2). 

(t) Eligible rollover distribution. 

(\) Definitions. 

(a) in this subsection, the following terms have the 
meanings indicated: 

(b) (i) "eligible rollover distribution" means any 
distribution of all or any portion of the balance to the credit of 
the distributee. 



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1 997- 1 998 Session Ord. 98-290A 



(ii) "Eligible rollover distribution" does not 

INCLUDE: 

1 . ANY DISTRIBUTION THAT IS ONE OF A SERIES OF 
SUBSTANTIALLY EQUAL PERIODIC PAYMENTS (NOT LESS FREQUENTLY THAN 
ANNUALLY) MADE FOR THE LIFE (OR LIFE EXPECTANCY) OF THE DISTRIBUTEE 
OR THE JOINT LIVES (OR JOINT LIFE EXPECTANCIES) OF THE DISTRIBUTEE AND 
THE DISTRIBUTEE'S DESIGNATED BENEFICIARY, OR FOR A SPECIFIED PERIOD OF 
10 YEARS OR MORE; 

2. ANY DISTRIBUTION TO THE EXTENT THAT IT IS 
REQUIRED UNDER INTERNAL REVENUE CODE § 401 (A)(9); AND 

3. THE PORTION OF ANY DISTRIBUTION THAT IS NOT 
INCLUDIBLE IN GROSS INCOME, DETERMINED WITHOUT REGARD TO THE 
EXCLUSION FOR NET UNREALIZED APPRECIATION WITH RESPECT TO EMPLOYER 
SECURITIES. 

(C) (I) "ELIGIBLE RETIREMENT PLAN" MEANS ANY OF THE 
FOLLOWING THAT ACCEPTS THE DISTRIBUTEE'S ELIGIBLE ROLLOVER 
DISTRIBUTION: 

1 . AN INDIVIDUAL RETIREMENT ACCOUNT DESCRIBED IN 
INTERNAL REVENUE CODE § 408(A): 

2. an individual retirement annuity described in 
Internal Revenue Code § 408(b): 

3. AN ANNUITY PLAN DESCRIBED IN INTERNAL REVENUE 

Code § 403(a): or 

4. a qualified trust described in internal 
Revenue Code § 401(a). 

(n) However, in the case of an eligible rollover 

DISTRIBUTION TO THE SURVIVING SPOUSE, AN ELIGIBLE RETIREMENT PLAN IS 
AN INDIVIDUAL RETIREMENT ACCOUNT OR INDIVIDUAL RETIREMENT 
ANNUITY. 

(D) (i) "Distributee" means an employee or former 

EMPLOYEE. 



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Ord. 98-290A 1 997- 1 998 SESSION 



(II) In addition, the employee's or former employee's 

SURVIVING SPOUSE AND THE EMPLOYEE'S OR FORMER EMPLOYEE'S SPOUSE OR 
FORMER SPOUSE WHO IS THE ALTERNATE PAYEE UNDER A QUALIFIED 
DOMESTIC RELATIONS ORDER, AS DEFINED IN INTERNAL REVENUE CODE 
§ 4 1 4(P), ARE "DISTRIBUTEES" WITH REGARD TO THE INTEREST OF THE SPOUSE 
OR FORMER SPOUSE. 

(E) "Direct rollover" means a payment under this 

SUBTITLE TO THE ELIGIBLE RETIREMENT PLAN SPECIFIED BY THE DISTRIBUTEE. 

(2) Direct rollovers. 

Notwithstanding any provision of this subtitle that 
would otherwise limit a distributee's election under this section, a 
DISTRIBUTEE may elect, at the time AND in the manner PRESCRIBED by 
THE BOARD OF TRUSTEES, TO HAVE ANY PORTION OF AN ELIGIBLE ROLLOVER 
DISTRIBUTION PAID DIRECTLY TO AN ELIGIBLE RETIREMENT PLAN SPECIFIED 
BY THE DISTRIBUTEE IN A DIRECT ROLLOVER. 

Subtitle — Elected Officials' Retirement System 

17A. Definitions. 

[(18) "Actuarial equivalent" shall mean a benefit of equal value when 
computed upon the basis of such mortality tables, as are adopted by the 
Board of Trustees upon advice of the actuary of the Retirement System and 
such rate of regular interest, as provided in paragraph (7) of this section.] 

(18) "ACTUARIAL EQUIVALENT", FOR PURPOSES OF DETERMINING THE 
AMOUNT OF AN OPTIONAL RETIREMENT BENEFIT UNDER THIS SUBTITLE, 
MEANS A BENEFIT OF EQUIVALENT VALUE WHEN CALCULATED USING 
REGULAR INTEREST FOR ACTUARIAL EQUIVALENT PURPOSES AND THE UP-84 
MORTALITY TABLE WITH NO SET FORWARD, EXCEPT THAT IN THE CASE OF 
DISABILITY RETIREMENTS UNDER THIS SUBTITLE, THE TABLE IS SET FORWARD 
9 YEARS. 

22. Benefits. 

(r) Compliance with Internal Revenue Code § 415. 

Notwithstanding any other provision of this subtitle, no 
benefits are provided under this subtitle to the extent that they 



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1 997- 1 998 Session Ord. 98-290A 



exceed the limitations applicable to governmental plans in 
Internal Revenue Code § 415 and the regulations adopted under it. 

(s) Compliance with Internal Revenue Code § 401 (a)(9). 

(1 ) Distributions under this subtitle shall be made in 
accordance with the regulations adopted under internal revenue 
Code § 401 (a)(9), as applicable to this system, including 
Regulation § 1 .401 (a)(9)-2, which regulations override any 
distribution options in this subtitle to the extent of any 
inconsistency. this subsection is intended to comply with the 
requirements of internal revenue code § 401 (a)(9) to the extent 
applicable to this system, and shall not be interpreted to impose 
any requirements on this system or on any member or beneficiary 
beyond those required to comply with § 401 (a)(9). this subsection 
only specifies the latest permissible time by which distributions 
must begin and the longest permissible period over which 
distributions may be made, and in no way precludes any earlier 
commencement or more rapid distribution provided for in this 
subtitle. 

(2) Distribution of a member's retirement benefit shall 
begin no later than the april 1 following the calendar year 
during which the member both has reached age lovi and has 
terminated employment with the city. distribution shall be made 
over a period not extending beyond the life of the member or the 
joint lives of the member and his or her beneficiary. 

(3) if a member dies before distribution of his or her 
retirement benefit begins, the member's entire benefit shall be 
distributed within 5 years after death. this requirement is deemed 
satisfied by any distribution of the member's benefit payable to his 
or her beneficiary over a period not extending beyond the life or 
life expectancy of the beneficiary, as long as those distributions 
begin no later than december 3 1 of the calendar year following 
the calendar year of the member's death. however, if the 
beneficiary is the member's surviving spouse, the date on which the 
distributions are required to begin is december 3 1 of the calendar 
year in which the member would have attained age lovi . this 
paragraph (3) does not apply if distribution of the member's benefit 
began before his or her death and the remaining portion of the 
member's benefit is distributed at least as rapidly as under the 
method of distribution being used at the date of the member's 



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Ord. 98-290A 1 997- 1 998 Session 



death. Any amount paid to a child is treated as if it is paid to the 
surviving spouse when that child reaches the age of majority. 

(t) Compensation limit. 

(1) General rule. 

The annual compensation of each member taken into 
account under this subtitle shall not exceed the federal omnibus 
Budget Reconciliation Act of 1993 ("OBRA '93") annual 
compensation limit. the obra '93 annual compensation limit is 
$ 1 50,000, adjusted for cost of living increases under internal 
Revenue Code § 401 (a)(17)(B) and subject to the fresh start 
provisions set forth in paragraph (2) of this subsection. the cost of 
living adjustment in effect for a calendar year applies to any 
period not exceeding 12 months over which compensation is 
determined (the "determination period") beginning in that calendar 
year. if a determination period consists of fewer than 1 2 months, 
the annual compensation limit will be multiplied by a fraction, the 
numerator of which is the number of months in the short 
determination period and the denominator of which is 1 2. if 
compensation for any prior determination period is taken into 
account in determining a member's retirement benefit in the 
current year, the compensation for that prior determination 
period is subject to the obra '93 annual compensation limit for 
that prior determination period. for this purpose, for 
determination periods beginning before july 1, 1994, the obra '93 
annual compensation limit is $150,000. 

(2) Special rule. 

(A) IN THIS PARAGRAPH, "§ 401(A)(17) MEMBER" MEANS ANY 
MEMBER ON OR AFTER JULY 1 , 1 994, WHOSE ANNUAL COMPENSATION FOR 
ANY YEAR BEFORE 1 994 EXCEEDED $ 1 50,000. 

(B) This paragraph (2) applies to determine the 

RETIREMENT BENEFIT OF A § 40 \(A)( 1 7) MEMBER. 

(C) The retirement benefit of a § 40 1 ( a)( 1 7) member 

SHALL BE THE GREATER OF (I) OR (II) BELOW: 

(i) the member's retirement benefit on June 30, 1 994, 

DETERMINED AS THOUGH THE MEMBER TERMINATED SERVICE WITH THE ClTY 



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1 997- 1 998 Session Ord. 98-290A 



ON THAT DATE, WITHOUT REGARD TO ANY AMENDMENTS TO THIS SUBTITLE 
ENACTED AFTER THAT DATE AND TAKING INTO ACCOUNT ANNUAL 
COMPENSATION UP TO THE APPLICABLE § 40 1 (A)( 1 7) LIMITATION FOR EACH 
YEAR BEFORE JULY 1 , 1 994; OR 

(II) THE MEMBER'S RETIREMENT BENEFIT, DETERMINED 
WITHOUT REGARD TO THIS PARAGRAPH (2). 

(u) Eligible rollover distribution. 
(1) Definitions. 

(A) In this subsection, the following terms have the 

MEANINGS INDICATED: 

(B) (i) "Eligible rollover distribution" means any 

DISTRIBUTION OF ALL OR ANY PORTION OF THE BALANCE TO THE CREDIT OF 
THE DISTRIBUTEE. 

(ii) "Eligible rollover distribution" does not 

INCLUDE: 

1 . any distribution that is one of a series of 
substantially equal periodic payments (not less frequently than 
annually) made for the life (or life expectancy) of the distributee 
or the joint lives (or joint life expectancies) of the distributee and 
the distributee's designated beneficiary, or for a specified period of 
10 years or more; 

2. any distribution to the extent that it is 
required under internal revenue code § 401 (a)(9); and 

3. the portion of any distribution that is not 
includible in gross income, determined without regard to the 
exclusion for net unrealized appreciation with respect to employer 
securities. 

(c) (i) "eligible retirement plan" means any of the 
following that accepts the distributee's eligible rollover 
distribution: 

1 . an individual retirement account described in 
Internal Revenue Code § 408(a); 



181 



ORD. 98-290A 1 997- 1 998 SESSION 



2. an individual retirement annuity described in 
Internal Revenue Code § 408(b): 

3. an annuity plan described in internal revenue 
Code § 403(a); or 

4. a qualified trust described in internal 
Revenue Code § 401 (a). 

(ii) However, in the case of an eligible rollover 
distribution to the surviving spouse, an eligible retirement plan is 
an individual retirement account or individual retirement 

ANNUITY. 

(D) (i) "Distributee" means an employee or former 

EMPLOYEE. 

(II) In addition, the employee's or former employee's 

SURVIVING SPOUSE AND THE EMPLOYEE'S OR FORMER EMPLOYEE'S SPOUSE OR 
FORMER SPOUSE WHO IS THE ALTERNATE PAYEE UNDER A QUALIFIED 
DOMESTIC RELATIONS ORDER, AS DEFINED IN INTERNAL REVENUE CODE 
§ 414(P), ARE "DISTRIBUTEES" WITH REGARD TO THE INTEREST OF THE SPOUSE 
OR FORMER SPOUSE. 

(E) "Direct rollover" means a payment under this 
subtitle to the eligible retirement plan specified by the distributee. 

(2) Direct rollovers. 

Notwithstanding any provision of this subtitle that 
would otherwise limit a distributee's election under this section, a 
distributee may elect, at the time and in the manner prescribed by 
the Board of Trustees, to have any portion of an eligible rollover 
distribution paid directly to an eligible retirement plan specified 
by the distributee in a direct rollover. 



Subtitle — Fire and Police Employees 

30. Definitions. 

(2)(a)(l) "Employee" [shall mean] means any officer or employee of 
[the Department of Aviation, of) the Police Department or [of the] Fire 



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1 997- 1 998 Session Ord. 98-290A 



Department of Baltimore City, except as [hereinafter excluded] otherwise 
PROVIDED IN THIS DEFINITION, whose compensation is paid by the Mayor 
and City Council of Baltimore, by whatever authority appointed. 

(2) [It shall exclude] "Employee" does not include any 
officer or employee of these departments for whose benefit the Mayor and 
City Council of Baltimore makes contributions [as required] under the 
[Social Security System, established by Act of Congress, known generally 
as "The] Social Security Act of 1935[", as amended from time to time]. 

[(e) (1) "Employee" shall also mean any person employed by the 
Fire Department to perform duties as or substantially similar to a paramedic 
(including a cardiac rescue technician) or paramedic assistant. During the 
six month period commencing on the first day of the month after this 
Ordinance No. 1 156 becomes effective, any person deemed an employee 
under the preceding sentence who is a member of the Employees' 
Retirement System on the day before the first day of such six month period 
may elect in writing on a form approved by the Board of Trustees to transfer 
from the Employees' Retirement System to this Retirement System, such 
transfer to become effective on the date he makes the election. If no such 
election is made during the specified election period, employees described 
above who are members of the Employees' Retirement System on the day 
before the first day of the election period shall remain members of the 
Employees' Retirement System and shall not be eligible to become members 
of this Retirement System. Notwithstanding any other provision of this 
subsection (e)(1), a person who has any form of application for benefits 
pending under the Employees' Retirement System may not make an election 
to transfer to this Retirement System while the application is pending. 

(2) An employee who transfers to this Retirement System from 
the Employees' Retirement System under subsection (e)(1) shall be entitled 
to a benefit under this Retirement System equal to the benefit such 
employee would have received had he become a member of this Retirement 
System on the date he became a member of the Employees' Retirement 
System. However, in computing the amount of such a transferred 
employees' benefit under this Retirement System, for purposes of Section 32 
(determination of creditable service), employment prior to the effective date 
of the transfer shall only be taken into account to the extent such employee 
pays to this Retirement System the employee contributions to the Annuity 
Savings Fund that would have been required under Section 36(b)(1) during 
such pre-transfer employment, commencing with the date such employee 
became a member of the Employees' Retirement System, together with 
regular interest (for purposes of the Annuity Savings Fund) thereon from the 



183 



Ord. 98-290A 1 997- 1 998 Session 



date the employee contribution would have been made. Payment of such 
contributions may be made in a single payment or by an increased rate of 
contribution as may be approved by the Board of Trustees. If any person 
transferring to this Retirement System is a Class A member of the 
Employees' Retirement System, then such person's Annuity Savings Fund 
balance on the effective date of the transfer under such system shall be 
transferred to this Retirement System, and such person on whose behalf the 
transfer is made shall not be required to make a payment to this Retirement 
System in order to have his pre-transfer employment taken into account.] 

(e) (1) "Employee" includes the following personnel: 

(A) all persons who: 

(i) on or before July 25, 1 972, were employed as 
uniformed firefighters or uniformed police officers by the former 
City of Baltimore Department of Aviation; and 

(ii) have worked without interruption for, and 
continue to be employed by, the state of maryland in the capacity 
of uniformed firefighters at baltimore- washington international 
Airport or as uniformed police officers; 

(b) all persons employed as uniformed police 

OFFICERS: 

(i) who became employees of the maryland 
Aviation Administration Police Force and members of this system 
on or after july 26, 1972, and on or before june 30, 1977; and 

(ii) who have worked without interruption for, 
and continue to be employed by, the state of maryland in the 
capacity of uniformed police officers; and 

(c) all persons employed as uniformed firefighters: 

(i) who became employees of the state aviation 
Administration or Maryland Aviation Administration Fire Rescue 
Service and members of this system on or after July 26, 1972, and on 
or before september 30, 1 993; and 

(ii) who have worked without interruption for, 
and continue to be employed by, the state of maryland as 



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1 997- 1 998 Session Ord. 98-290A 



uniformed firefighters at baltimore- washington international 
Airport. 

(2) "Employee" does not include any police or fire 
personnel of the state of maryland for whose benefit the state of 
Maryland makes contributions under the Social Security Act of 
1935. 

( 1 8) "Actuarial equivalent", for purposes of determining the 
amount of an optional retirement benefit under this subtitle, 
means a benefit of equivalent value when calculated using 
regular interest for actuarial equivalent purposes and the up-84 
mortality table set forward 1 year, except that in the case of 
disability retirements under this subtitle, the table is set forward 

7 YEARS. 

32. Service creditable. 

(i) Transfers of service. 
(1) Definitions. 

(A) In this subsection, the following words have the 

MEANINGS INDICATED. 

(B) "Former system" means an actuarially funded 

RETIREMENT OR PENSION SYSTEM OF: 

(i) Baltimore City, other than this system; 

(ii) the State of Maryland; or 

(in) a political subdivision of the State of 
Maryland. 

(C) "Actuarially funded" means that the system makes 

REGULAR PAYMENTS THAT ARE COMPUTED TO BE SUFFICIENT TO PROVIDE THE 
RESERVES NEEDED TO FUND THE BENEFITS PAYABLE TO A SYSTEM'S MEMBERS 
ON RETIREMENT. 



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Ord. 98-290A 1 997- 1 998 Session 



(2) Transfers of service for members joining on or after July 
1, 1994. 

(A) An employee who becomes a member of this system 
on or after July 1 , 1 994, may transfer service previously acquired 
in a former system if: 

(i) the member begins employment covered by this 
system within 90 days of terminating employment covered by the 
former system ; 

(ii) the member files an application with this system 
to transfer that service within 1 year of entering this system; 

(m) the member's former system provides 
verification to this system of the member's transferred service; 

AND 

(IV) ON TRANSFERRING CREDIT FROM THE MEMBER'S 
FORMER SYSTEM, THE MEMBER WOULD NO LONGER BE ELIGIBLE TO RECEIVE A 
PRESENT OR FUTURE BENEFIT FROM THE FORMER SYSTEM FOR THE SERVICE 
TRANSFERRED. 

(B) If the member transfers service into this system 
from a Baltimore City Retirement System, the member must pay for 
that transferred service an amount equal to: 

(i) the product of: 

1 . the member's actual earnable compensation 
for each year or part of a year of service to be transferred, 
multiplied by 

2. this system's member contribution rate in 
effect at the time that the transferred service was acquired in the 
former system, plus 

(ii) interest on that product calculated at this 
system's annuity savings fund rate in effect at the time that the 
transferred service was acquired in the former system to the date 
the payment for the transferred service is completed. 



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1 997- 1 998 Session Ord. 98-290A 



(C) If the member transfers service into this system 

FROM A SYSTEM OTHER THAN A BALTIMORE CITY RETIREMENT SYSTEM, THE 
MEMBER SHALL PAY FOR THE TRANSFERRED SERVICE AN AMOUNT EQUAL TO: 

(I) THE PRODUCT OF: 

1 . THE MEMBER'S ACTUAL EARN ABLE COMPENSATION 
FOR THE POSITION COVERED BY THIS SYSTEM AS OF THE MEMBER'S DATE OF 
ENTRY INTO THIS SYSTEM, MULTIPLIED BY 

2 . THE NUMBER OF YEARS OR PART OF A YEAR OF 
SERVICE TO BE TRANSFERRED, MULTIPLIED BY 

3. 12%, PLUS 

(h) interest on that product calculated at this 
system's current annuity savings fund rate from the member's date 
of entry into this system to the date the payment for the transfer 
of service is completed. 

(d) the amount payable for transferred service may be 
made to this system by a single payment or by an increased rate of 
contribution, but payment for the transferred service must be 
completed before the earlier of: 

(i) 1 years from the member' s date of entry into 
this system; or 

(n) the member's retirement date. 

(e) the transferred service shall be credited pro rata 
at the time each payment for the service is made. in no event may 
credit be granted to a member for transferred service for which 
payment has not been received before the member's retirement. 

(3) Transfers of service for members joining on or before 
June 30, 1994. 

(A) AN EMPLOYEE WHO BECOMES A MEMBER OF THIS SYSTEM 
ON OR BEFORE JUNE 30, 1 994, MAY TRANSFER SERVICE PREVIOUSLY 
ACQUIRED IN A FORMER SYSTEM IF: 



187 



Ord. 98-290A 1 997- 1 998 Session 



(i) the member begins employment covered by this 
system within 30 days of terminating employment covered by the 
former system; 

(ii) the member files an application with this system 
to transfer that service within 1 year of entering this system, 
except for a transfer of service from a baltimore city retirement 
System, in which case the transfer is automatic; 

(iii) the member's former system provides 
verification to this system of the member's transferred service; 

AND 

(IV) ON TRANSFERRING CREDIT FROM THE MEMBER'S 
FORMER SYSTEM, THE MEMBER WOULD NO LONGER BE ELIGIBLE TO RECEIVE A 
PRESENT OR FUTURE BENEFIT FROM THE FORMER SYSTEM FOR THE SERVICE 
TRANSFERRED. 

(B) (i) This subparagraph (B) applies if the member 

TRANSFERS SERVICE INTO THIS SYSTEM FROM A FORMER SYSTEM THAT IS 
CONTRIBUTORY. 

(ii) The member shall pay for the former service 

TRANSFERRED INTO THIS SYSTEM AN AMOUNT EQUAL TO: 

1 . THE MEMBER' S ACCUMULATED CONTRIBUTIONS AND 
INTEREST IN THE FORMER SYSTEM, PLUS 

2. INTEREST TO THE DATE THE PAYMENT FOR THE 
TRANSFERRED SERVICE IS COMPLETED. 

(in) The amount payable for the transferred service 

MAY BE MADE TO THIS SYSTEM IN A SINGLE PAYMENT OR BY AN INCREASED 
RATE OF CONTRIBUTION, BUT PAYMENT FOR THE TRANSFERRED SERVICE MUST 
BE COMPLETED BEFORE THE MEMBER'S RETIREMENT DATE. 

(IV) THE TRANSFERRED SERVICE SHALL BE CREDITED PRO 
RATA AT THE TIME EACH PAYMENT FOR THE SERVICE IS MADE. IN NO EVENT 
MAY CREDIT BE GRANTED TO A MEMBER FOR TRANSFERRED SERVICE FOR 
WHICH PAYMENT HAS NOT BEEN RECEIVED BEFORE THE MEMBER'S 
RETIREMENT. 



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1 997- 1 998 Session Ord. 98-290A 



(C) (i) If the member transfers service into this system 

FROM A FORMER SYSTEM THAT IS NONCONTRIBUTORY, THE MEMBER HAS THE 
OPTION SPECIFIED IN THIS SUBPARAGRAPH (C). 

(ii) The member may pay the full amount of 

CONTRIBUTIONS AND INTEREST FOR THE SERVICE TRANSFERRED INTO THIS 
SYSTEM, IN AN AMOUNT EQUAL TO: 

1. THE PRODUCT OF: 

A. THE MEMBER'S ACTUAL EARN ABLE 
COMPENSATION FOR EACH YEAR OR PART OF A YEAR OF SERVICE TO BE 
TRANSFERRED, MULTIPLIED BY 

B. THIS SYSTEM'S MEMBER CONTRIBUTION RATE IN 
EFFECT DURING THE PERIOD OF SERVICE IN THE FORMER SYSTEM, PLUS 

2. INTEREST ON THAT PRODUCT TO THE DATE THE 
PAYMENT FOR THE TRANSFERRED SERVICE IS COMPLETED, CALCULATED AT 
THE ANNUITY SAVINGS FUND RATE IN EFFECT DURING THE PERIOD OF SERVICE 
IN THE FORMER SYSTEM. 

(in) The member may pay less than the full amount 
of contributions and interest for the service transferred into this 
system . In that event, the retirement allowance to which the 
member or the member's beneficiary would be entitled if all the 
transferred service had been credited shall be reduced by: 

1 . the actuarial equivalent of the contributions 
and interest not made by the member, plus 

2. interest on the amount calculated under 
subparagraph (c)(ll) to the member's retirement date, calculated 
at this system's annuity savings fund rate in effect during that 

PERIOD. 

(IV) If the member retires on a service retirement 

WITHIN 5 YEARS AFTER TRANSFERRING INTO THIS SYSTEM, THE BENEFITS 
PAYABLE WITH RESPECT TO THE TRANSFERRED SERVICE CREDIT NOT PAID FOR 
UNDER SUBPARAGRAPH (C)(lll) OF THIS PARAGRAPH (3) MAY NOT BE 
GREATER THAN THE BENEFITS THAT WOULD HAVE BEEN PAYABLE BY THE 
FORMER SYSTEM WITH RESPECT TO THAT SERVICE IF THE MEMBER HAD 
REMAINED IN THE FORMER SYSTEM. 



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Ord. 98-290A 1 997- 1 998 SESSION 



(4) Transitional rule for certain members joining on or before 
June 30, 1994. 

(A) This paragraph (4) applies to a member who joined 

THIS SYSTEM ON OR BEFORE JUNE 30, 1994, WITH SERVICE IN A FORMER 
SYSTEM, BUT WHO FAILED TO TRANSFER THAT SERVICE INTO THIS SYSTEM 
BECAUSE THE MEMBER: 

(I) INCURRED A BREAK OF MORE THAN 30 DAYS BUT LESS 
THAN 9 1 DAYS BETWEEN THE EMPLOYMENT COVERED BY THE MEMBER'S 
FORMER SYSTEM AND THE EMPLOYMENT COVERED BY THIS SYSTEM; OR 

(n) FAILED TO SUBMIT AN APPLICATION TO TRANSFER 
SERVICE FROM THE FORMER SYSTEM WITHIN 1 YEAR OF JOINING THIS SYSTEM. 

(B) A MEMBER DESCRIBED IN SUBPARAGRAPH (A) MAY ELECT 
TO TRANSFER SERVICE IN A FORMER SYSTEM INTO THIS SYSTEM BY: 

(I) ON OR BEFORE JUNE 30, 1999, SUBMITTING A 
COMPLETED APPLICATION TO TRANSFER THAT SERVICE TO THIS SYSTEM; 

(II) PURCHASING THE FORMER SERVICE UNDER THE 
APPLICABLE PROVISIONS OF PARAGRAPH (2)(B) OR (C) OF THIS SUBSECTION; 
AND 

(III) COMPLYING WITH ALL REQUIREMENTS OF PARAGRAPH 
(2)(A), (D), AND (E) OF THIS SUBSECTION, EXCEPT THAT THE PAYMENT FOR 
THE TRANSFERRED SERVICE MUST BE COMPLETED BEFORE THE EARLIER OF: 

1.10 YEARS FROM THE DATE THIS SYSTEM RECEIVES 
THE MEMBER'S APPLICATION TO TRANSFER SERVICE; OR 

2. THE MEMBER'S RETIREMENT DATE. 

(5) TRANSFERRED SERVICE DEEMED EARNED IN THIS SYSTEM. 

(A) This paragraph (5) does not apply to transfers of 

NONCONTRIBUTORY SERVICE GOVERNED BY PARAGRAPH (3)(C)(IV) OF THIS 
SUBSECTION. 

(B) For purposes of determining benefit eligibility and 

CALCULATION OF BENEFITS, ON PAYMENT BY A MEMBER FOR THE 
TRANSFERRED SERVICE AND THE CREDIT OF THAT SERVICE BY THIS SYSTEM, 



190 



1 997- 1 998 Session Ord. 98-290A 



the transferred service shall be treated the same as all other 
service acquired in this system, whether or not the member retires 
more than 5 years after transferring into this system. 

(6) Transfers of service for certain paramedics. 

Paragraphs (1) through (5) of this subsection do not 
apply to the transfer of service by any baltimore clty flre 
Department paramedic who became a member of this system on July 
1 , 1 994, and who elected to transfer service into this system under 
the formula set by the stipulation of settlement in balcerowicz v. 
Mayor and City Council of Baltimore and Nalley v. Mayor and City 
Council of Baltimore. 

34. Benefits. 

[(h) Ordinary death benefit. Upon the receipt of proper proofs of the 
death of a member in service there shall be paid to such person as he shall 
have nominated by written designation duly executed and filed with the 
Board of Trustees, otherwise to his estate: 

(1) his accumulated contributions; and 

(2) if the member has acquired one or more years of service, an 
amount equal to fifty percent of his current annual compensation or average 
final compensation, whichever shall be greater at the time of the member's 
death; 

(3) provided, however, that if the member was eligible for a service 
retirement allowance at the time of his death, and if the person designated 
by the member as his beneficiary under this subsection is (i) his surviving 
parent or (ii) his surviving spouse with whom he had been living for at least 
one year at the time of his death, such beneficiary may elect to receive in 
lieu of (1) and (2) above, an allowance, equal to that which would have 
been paid to such beneficiary under Option 3 of Section (k)(l) hereof, had 
the member elected Option 3 in favor of such beneficiary and retired as of 
the date of death. To receive this alternative death benefit, the designated 
parent or spouse must make written application therefor not later than sixty 
days after the death of the member on forms provided by the Board of 
Trustees. No ordinary death benefit shall be paid for the death of any 
member whenever a special death benefit shall be paid for same. 



191 



Ord. 98-290A 1 997- 1 998 Session 



(4) Provided further that whether or not the member was eligible 
for a service retirement allowance at the time of his death, if he had at least 
two years of continuous service prior to his death and is survived by a 
widow, such widow at her option may elect to receive during her 
widowhood an annual sum of money equal to twenty-five percent (25%) of 
the regular annual gross compensation of said member at the time of his 
death to continue as long as she remains unmarried. Provided, however, 
that in the case of a member who dies on or after July 1, 1991, if such 
member had more than two years of continuous service prior to his death, 
such benefit shall be equal to twenty-five percent (25%) of regular annual 
gross compensation, plus one and one-half percent (1.5%) of regular annual 
gross compensation for each additional year of service, up to a maximum 
benefit of fifty percent (50%) of regular annual gross compensation. 

If there be no such widow, or if the widow dies or remarries before the 
youngest unmarried child of said deceased member shall have either 
attained the age of eighteen (18) years, or, in the event such child is a full- 
time student, until he shall have attained the age of twenty-two (22) years, 
then an annual sum of money equal to the above calculated percentage of 
the regular annual gross compensation of said member at the time of his 
death shall be paid to such child or children, divided in such manner as the 
Board of Trustees in it discretion shall determine, to continue for the benefit 
of such child or children until the last child marries, dies or either attains the 
age of eighteen (18) years, or in the event he is a full-time student, attains 
the age of twenty-two (22) years. The unremarried widower of a deceased 
female member may qualify for this option. The term "regular annual gross 
compensation" shall not include overtime compensation, but it shall include 
longevity payments, if any. 

The optional benefit provided under this subsection 34(h)(4) shall be in 
lieu of all other benefits payable, including but not limited to the benefits 
payable under subsections 34(h)(1), 34(h)(2) and 34(h)(3). The benefits of 
this subsection 34(h)(4) shall not be available to the surviving widow, 
widower, child or children of a member who has nominated by written 
designation duly executed and filed with the Board of Trustees a person 
other than a surviving spouse or a child to be his beneficiary under the 
provisions of Section 34(h). 

(i) Special death benefit. Upon receipt of proper proof of the death of a 
member in service arising out of and in the course of the actual performance 
of duty, without willful negligence on his part, and upon determination by 
the hearing examiner as provided for in Section 33(1) that such death so 
occurred, there shall be paid: 



192 



1 997- 1 998 Session Ord. 98-290A 



(1) To such person as he shall have nominated by written 
designation duly executed and filed with the Board of Trustees, otherwise to 
his estate, his accumulated contributions; and in addition thereto, a pension 
of one hundred per centum of the current compensation of such employee; 
in the event a special death benefit is payable and the death occurred as the 
result of an injury sustained while the member was assigned to duties in a 
higher classification than his regular classification, then the current 
compensation upon which the pension is based shall be the maximum rate 
of pay in the classification in which the member was performing duties at 
the time of the injury causing his death. Provided further, that the 
provisions hereof shall not apply in any case where the death occurred as 
the result of an injury sustained prior to July 1 , 1971 . 

(2) To his widow to continue during her widowhood; or 

(3) If there be no such widow, or if the widow dies or remarries 
before the youngest unmarried child of said deceased member shall have 
either attained the age of eighteen (18) years or, in the event said child is a 
full-time student, until he shall have attained the age of twenty-two (22) 
years, then to such child or children, divided in such manner as the Board of 
Trustees in its discretion shall determine, to continue for the benefit of such 
child or children until the last child marries, dies or either attains the age of 
eighteen (18) years, or in the event he is a full-time student, attains the age 
of twenty-two (22) years; or 

(4) If there be no widow or child under the ages of eighteen (1 8) or 
twenty-two (22) years as provided for in subsection (i)(3), immediately 
preceding, surviving such deceased member, then to his dependent father or 
dependent mother, as the deceased member shall have nominated by written 
designation, duly acknowledged and filed with the Board of Trustees, or if 
there be no such nomination, then to his dependent father or to his 
dependent mother as the Board of Trustees in its discretion shall direct to 
continue for life; or 

(5) If no beneficiary has been designated, and if a member dies 
intestate and without heirs, then the amounts which would have been paid 
out under the provisions of paragraphs (h) or (i) shall remain part of the 
funds of the system, and shall be credited to such accounts as the Board of 
Trustees may direct. 

(6) In the event a member who has been retired pursuant to the 
provisions of subsection (e) hereof, entitled "Special Disability Benefit," 
and who has elected to receive maximum benefits without optional 



193 



Ord. 98-290A 1 997- 1 998 Session 



modification, dies within five years from the date of his special disability 
retirement as a result of the last injury that caused or contributed to said 
retirement, he shall be deemed, for the purposes of this subsection, to have 
died as a member in service and his beneficiary or beneficiaries to the 
extent that they are eligible under the provisions of this subsection (i), shall 
be entitled to the special death benefits herein provided. Any annuity 
payments which were made to the deceased member during his retirement 
shall be offset against the amount of his accumulated contributions at the 
time of his retirement and if a pension is payable, it shall be based upon the 
rate of compensation for the grade and step of the member at the time of his 
retirement, plus any longevity payments he was then entitled to receive. 
The benefits provided by this subsection (i) shall, in addition, be available 
to the eligible beneficiary of any member who was awarded a special 
disability benefit after December 31, 1968 who elected to receive maximum 
benefits without optional modification, and who died prior to July 1, 1973 
as a result of the last injury which caused or contributed to his retirement; 
provided, however, that said beneficiary shall make application for this 
benefit to the Board of Trustees prior to September 1, 1973; and provided 
further that the benefits payable hereunder shall not apply with respect to 
any period prior to July 1, 1973. 

(7) Minimum accidental death pension benefit at June 30, 1994. 
Notwithstanding anything to the contrary, the amount of the special death 
pension benefit payable in accordance with Section 34 (i)(l) above shall be 
increased for those beneficiaries receiving less than $15,000 annually on 
June 30, 1994, to no less than the lower of: (a) an annual benefit of 
$15,000; or (b) an annual benefit equivalent to the June 30, 1994, salary for 
an active member in the same class, grade, level, and longevity, etc., as the 
member at the time of the member's death. In no event should a beneficiary 
receive less than the amount he was receiving on June 30, 1994 as a result 
of this provision. As a basis for this minimum pension benefit computation, 
this pension benefit shall include any post retirement benefit increases paid 
as of June 30, 1994. In addition, any beneficiary receiving an increased 
minimum pension in 1994 as a result of this ordinance shall have his 
January, 1995 post retirement benefit increase, if eligible under Section 17 
of this Article, calculated as though the beneficiary had received this 
increased minimum pension benefit on June 30, 1994. 

The provisions of the above paragraph shall apply only to those special 
death pension benefits being paid as of the date of enactment of this 
ordinance. Any increase in benefits shall be paid prospectively beginning 
with the first full pay period after the date of enactment of this ordinance. 
Furthermore, any post retirement benefit increases paid prior to June 30, 



194 



1 997- 1 998 Session Ord. 98-290A 



1994, shall not be changed due to any increase in benefits payable as a 
result of this ordinance.] 

(H) NON-UNE-OF-DUTY DEATH BENEFIT. 

(1) scope of subsection. 

This subsection (h) applies to a member who dies while 
actively employed, but whose death does not qualify under 
subsection (i) as a line-of-duty death. 

(2) Lump-sum death benefit. 

(a) on receipt of a written application and proper proof 
of the death of a member in service, the board of trustees shall 
pay the lump-sum amount provided in this paragraph (2), but only if 
no benefits are paid under paragraphs (3) or (4) of this subsection. 

(B) The lump-sum payment shall consist of: 

(I) THE MEMBER'S ACCUMULATED CONTRIBUTIONS; PLUS 

(II) IF THE MEMBER HAS ACQUIRED 1 OR MORE YEARS OF 
SERVICE, 50% OF THE GREATER OF THE MEMBER'S CURRENT ANNUAL 
COMPENSATION OR THE MEMBER'S AVERAGE FINAL COMPENSATION ON THE 
DATE OF THE MEMBER'S DEATH. 

(C) The lump-sum amount shall be paid: 

(I) TO the member's designated beneficiary; 

(II) IF THERE IS NO DESIGNATED BENEFICIARY OR IF THE 
DESIGNATED BENEFICIARY PREDECEASES THE MEMBER, TO THE MEMBER'S 
SURVIVING SPOUSE; 

(III) IF THERE IS NO DESIGNATED BENEFICIARY AND NO 
SURVIVING SPOUSE, TO THE MEMBER'S CHILDREN, IN EQUAL SHARES; 

(IV) IF THERE IS NO DESIGNATED BENEFICIARY, SURVIVING 
SPOUSE, OR SURVIVING CHILD, TO THE MEMBER'S SURVIVING PARENTS, IN 
EQUAL SHARES; AND 

(V) OTHERWISE, TO THE MEMBER'S ESTATE. 

195 



Ord. 98-290A 1 997- 1 998 Session 



(3) 100% SURVIVORSHIP DEATH BENEFIT. 

(A) If the member was eligible for a service retirement 
allowance on the date of the member's death and a proper 
application is filed under subparagraph (d) of this paragraph (3), 
the Board of Trustees shall pay a benefit equal to that which 
would have been paid to a surviving beneficiary under the 100% 
survivorship benefit of subsection (k)( 1 ) of this section had the 
member elected that survivorship benefit in favor of that 
beneficiary and retired as of the date of death. 

(B) The benefit shall be paid: 

(I) TO THE MEMBER'S DESIGNATED BENEFICIARY, TO 
CONTINUE FOR LIFE, AS LONG AS THAT DESIGNATED BENEFICIARY IS LIMITED 

to: 

1 . THE MEMBER'S SURVIVING SPOUSE TO WHOM THE 
MEMBER WAS MARRIED FOR AT LEAST 1 YEAR IMMEDIATELY BEFORE THE 
DATE OF THE MEMBER'S DEATH; OR 

2. THE MEMBER'S SURVIVING PARENT; OR 

(H) IF THE DESIGNATED BENEFICIARY IS NOT THE MEMBER'S 
SPOUSE AND THE BENEFICIARY PREDECEASES THE MEMBER, OR IF THERE IS NO 
DESIGNATED BENEFICIARY, THEN TO THE MEMBER'S SURVIVING SPOUSE, TO 
CONTINUE FOR LIFE, IF THE MEMBER WAS MARRIED TO THAT SPOUSE FOR AT 
LEAST 1 YEAR IMMEDIATELY BEFORE THE DATE OF THE MEMBER'S DEATH. 

(C) If a member files with the Board of Trustees a 

WRITTEN DESIGNATION THAT NAMES SOMEONE OTHER THAN A SPOUSE OR 
PARENT AS BENEFICIARY, AND IF THAT BENEFICIARY DOES NOT PREDECEASE 
THE MEMBER, THE BENEFITS OF THIS PARAGRAPH (3) ARE NOT AVAILABLE TO 
THE SURVIVING SPOUSE OR PARENT OF THE MEMBER. 

(D) The benefit provided by this paragraph (3) is in place 

OF ALL BENEFITS PROVIDED UNDER PARAGRAPHS (2) AND (4) OF THIS 
SUBSECTION. 

(E) TO RECEIVE THE BENEFIT PROVIDED UNDER THIS 
PARAGRAPH (3), THE SURVIVING SPOUSE OR PARENT MUST APPLY IN WRITING, 
ON FORMS PROVIDED BY THE BOARD OF TRUSTEES, WITHIN 60 DAYS AFTER 
THE DEATH OF THE MEMBER. 



196 



1 997- 1 998 Session Ord. 98-290A 



(4) 25% PLUS DEATH BENEFIT. 

(A) If the member had at least 2 years of continuous 

SERVICE BEFORE DEATH, WITHOUT REGARD TO WHETHER THE MEMBER WAS 
ELIGIBLE FOR A SERVICE RETIREMENT ALLOWANCE ON THE DATE OF THE 
MEMBER'S DEATH, AND A PROPER APPLICATION IS FILED UNDER 
SUBPARAGRAPH (G) OF THIS PARAGRAPH (4), THE BOARD OF TRUSTEES SHALL 
PAY AN ANNUAL BENEFIT EQUAL TO: 

(I) 25% OF THE MEMBER'S REGULAR ANNUAL GROSS 
COMPENSATION ON THE DATE OF THE MEMBER'S DEATH; PLUS 

(n) 1 .5% OF THE MEMBER'S REGULAR ANNUAL GROSS 
COMPENSATION FOR EACH ADDITIONAL YEAR OF SERVICE BEYOND THE 
INITIAL 2 CONSECUTIVE YEARS, UP TO A MAXIMUM BENEFIT OF 50% OF 
REGULAR ANNUAL GROSS COMPENSATION . 

(B) This benefit shall be paid: 

(I) TO THE MEMBER'S DESIGNATED BENEFICIARY, AS LONG 
AS THAT DESIGNATED BENEFICIARY IS LIMITED TO: 

1 . THE MEMBER'S SURVIVING SPOUSE, TO CONTINUE FOR 
LIFE OR UNTIL REMARRIAGE; OR 

2. THE MEMBER'S MINOR CHILDREN, TO BE PAID TO 
EACH CHILD, IN EQUAL SHARES, UNTIL THAT CHILD IS NO LONGER MINOR, AS 
DEFINED IN §47(H) OF THIS ARTICLE; OR 

(H) IF THE DESIGNATED BENEFICIARY IS NOT THE MEMBER'S 
SPOUSE OR MINOR CHILD AND THAT BENEFICIARY PREDECEASES THE MEMBER, 
OR IF THERE IS NO DESIGNATED BENEFICIARY, THEN TO THE MEMBER'S 
SURVIVING SPOUSE, TO CONTINUE FOR LIFE OR UNTIL REMARRIAGE, IF THE 
MEMBER WAS MARRIED TO THAT SPOUSE FOR AT LEAST 1 YEAR IMMEDIATELY 
BEFORE THE DATE OF THE MEMBER'S DEATH; OR 

(III) IF THERE IS NO QUALIFYING SURVIVING SPOUSE UNDER 
SUBPARAGRAPH (B)(1) OR (II) , OR IF THE SURVIVING SPOUSE DIES OR 
REMARRIES, THEN TO THE MEMBER'S MINOR CHILDREN, TO BE PAID TO EACH 
CHILD, IN EQUAL SHARES, UNTIL THAT CHILD IS NO LONGER MINOR, AS 
DEFINED IN §47(H) OF THIS ARTICLE. 



197 



ORD. 98-290A 1997-1998 SESSION 



(C) For purposes of this paragraph (4), when a member's 

CHILD IS NO LONGER A MINOR AND CONSEQUENTLY CEASES TO RECEIVE 
BENEFITS UNDER THIS PARAGRAPH (4), EACH REMAINING MINOR CHILD SHALL 
BEGIN TO RECEIVE, IN ADDITION TO HIS OR HER EXISTING BENEFIT, AN EQUAL 
SHARE OF THE BENEFIT FORMERLY PAID TO THE OTHER CHILD. THIS PROCESS 
CONTINUES UNTIL THE MEMBER'S YOUNGEST CHILD IS NO LONGER A MINOR. 

(D) For purposes of this paragraph (4), "regular annual 
gross compensation" does not include overtime compensation, but 
does include longevity payments. 

(e) if a member files with the board of trustees a 
written designation that names someone other than a spouse or 
minor child as beneficiary, and if that beneficiary does not 
predecease the member, the benefits of this paragraph (4) are not 
available to the surviving spouse or minor children of the member. 

(f) the benefit provided by this paragraph (4) is in place 
of all benefits provided under paragraphs (2) and (3) of this 
subsection. 

(g) to receive the benefit provided under this 
paragraph (4), the surviving spouse or minor children must apply in 
writing, on forms provided by the board of trustees, within 60 days 
after the death of the member. 

(5) death without beneficiaries, heirs, or estate. 

The amounts that would have been paid under this 
subsection (h), excluding membership contribution accounts, with 
interest, forever remain assets of the system if: 

(a) a member dies without designating a beneficiary; 

(b) that member has no heirs, as enumerated in §§ 3-102 
through 3- 1 04 of the estates and trusts article of the maryland 
Code; and 

(c) no estate for that member is opened within 2 years 
of the member's death. 



198 



1 997- 1 998 Session Ord. 98-290 A 

(i) llne-of-duty death benefit. 

(1) Scope of subsection. 

This subsection applies only to an individual: 

(a) who dies while a member of this system; and 

(b) whose death has been determined by a hearing 

EXAMINER, AS PROVIDED IN § 33(L) OF THIS SUBTITLE, TO HAVE ARISEN: 

(I) OUT OF AND IN THE COURSE OF THE ACTUAL 
PERFORMANCE OF DUTY; AND 

(II) WITHOUT WILLFUL NEGLIGENCE ON THE PART OF 
THE MEMBER. 

(2) LlNE-OF-DUTY DEATH BENEFIT. 

(A) ON THE RECEIPT OF A WRITTEN APPLICATION, PROPER PROOF 
OF DEATH, AND AN AWARD BY A HEARING EXAMINER OF A LINE-OF-DUTY 
DEATH BENEFIT, THE BOARD OF TRUSTEES SHALL PAY: 

(I) THE MEMBER'S ACCUMULATED CONTRIBUTIONS: 

1 . TO THE MEMBER'S DESIGNATED BENEFICIARY; 

2. IF THERE IS NO DESIGNATED BENEFICIARY, OR IF THE 
DESIGNATED BENEFICIARY PREDECEASES THE MEMBER, TO THE MEMBER'S 
SURVIVING SPOUSE; 

3. IF THERE IS NO DESIGNATED BENEFICIARY AND NO 
SURVIVING SPOUSE, TO THE MEMBER'S CHILDREN, IN EQUAL SHARES; 

4. IF THERE IS NO DESIGNATED BENEFICIARY, 
SURVIVING SPOUSE, OR SURVIVING CHILD, TO THE MEMBER'S SURVIVING 
PARENTS, IN EQUAL SHARES; AND 

5. OTHERWISE, TO THE MEMBER'S ESTATE; AND 

(n) A PENSION OF 100% OF THE MEMBER'S CURRENT 
COMPENSATION: 



199 



Ord. 98-290A 1 997- 1 998 Session 



1 . TO THE MEMBER'S SURVIVING SPOUSE, TO CONTINUE 
FOR LIFE OR UNTIL REMARRIAGE; 

2. IF THERE IS NO SURVIVING SPOUSE OR IF THE 
SURVIVING SPOUSE DIES OR REMARRIES, TO THE MEMBER'S MINOR CHILDREN 
TO BE PAID TO EACH CHILD, IN EQUAL SHARES, UNTIL THAT CHILD IS NO 
LONGER MINOR, AS DEFINED IN § 47(H) OF THIS ARTICLE; 

3. IF THERE IS NO SURVIVING SPOUSE OR MINOR 
CHILDREN, TO EITHER OR BOTH OF THE MEMBER'S SURVIVING DEPENDENT 
PARENTS WHO ARE DESIGNATED BENEFICIARIES, TO CONTINUE FOR LIFE, IN 
THE PERCENTAGES DESIGNATED BY THE MEMBER; OR 

4. IF THERE IS NO SURVIVING SPOUSE OR MINOR 
CHILDREN AND IF THE DECEASED MEMBER DID NOT DESIGNATE HIS OR HER 
SURVIVING PARENTS AS BENEFICIARIES, THEN TO HIS OR HER DEPENDENT 
MOTHER OR FATHER EITHER OR BOTH OF THE MEMBER'S SURVIVING 
DEPENDENT PARENTS , TO CONTINUE FOR LIFE, AS THE BOARD OF TRUSTEES IN 
ITS DISCRETION DIRECTS. 

(B) For purposes of subparagraph (A)(n) of this 
Paragraph (2), "dependent" means the level of dependency required 
by Internal Revenue Code § 152. 

(C) For purposes of this paragraph (2), when a member's 

CHILD IS NO LONGER A MINOR AND CONSEQUENTLY CEASES TO RECEIVE 
BENEFITS UNDER THIS PARAGRAPH (2), EACH REMAINING MINOR CHILD SHALL 
BEGIN TO RECEIVE, IN ADDITION TO HIS OR HER EXISTING BENEFIT, AN EQUAL 
SHARE OF THE BENEFIT FORMERLY PAID TO THE OTHER CHILD. THIS PROCESS 
CONTINUES UNTIL THE MEMBER'S YOUNGEST CHILD IS NO LONGER A MINOR. 

(D) For purposes of this paragraph (2), where a member's 

LINE-OF-DUTY DEATH BENEFIT IS PAID TO BOTH OF THE MEMBER'S SURVIVING 
PARENTS AND ONE PARENT DIES, THE REMAINING PARENT SHALL THEN BEGIN 
RECEIVING, IN ADDITION TO HIS OR HER EXISTING BENEFIT, THE BENEFIT 
FORMERLY PAID TO THE DECEASED PARENT. 

(D) (11 If the member's death occurred as the result of 

AN INJURY SUSTAINED WHILE THE MEMBER WAS ASSIGNED TO DUTIES IN A 
HIGHER CLASS THAN HIS OR HER REGULAR JOB CLASSIFICATION, THE CURRENT 
COMPENSATION DESCRIBED IN SUBPARAGRAPH (A)(ll) OF THIS PARAGRAPH 
(2) SHALL BE THE MAXIMUM LEVEL OR EXPERIENCE SALARY SCALE, TAKING 
INTO ACCOUNT THE LONGEVITY INCREMENTS APPROPRIATE TO THE MEMBER'S 



200 



1 997- 1 998 Session Ord. 98-290A 



length of service, in the classification in which the member was 
performing duties on the date of the injury causing death. 

(3) death resulting from pre-july 1, 1971 injuries. 

Paragraph (2) of this subsection (i) does not apply in any 
case where death occurs as the result of an injury sustained 
before July 1, 1971. 

(4) Death on account of a une-of-duty injury. 

(a) this paragraph (4) applies to any member who: 

(i) retires under the provisions of § 34(e) of this 
subtitle; 

(n) elects to receive maximum benefits without 
optional modification; and 

(iii) within 5 years of the date of special disability 
retirement, dies from the last injury that caused or contributed to 
that retirement. 

(b) a member described in subparagraph (a) of this 
paragraph (4) is considered, for purposes of paragraph ( 1 )(a) of this 
subsection, to have died as a member in service. thus, to the extent 
to which they are entitled, the beneficiaries of the member shall 
receive line-of-duty death benefits under this subsection (i). 

(c) any accumulated contributions payable to the 
designated beneficiary of a member whose death is governed by this 
paragraph (4) shall be reduced by the amount of annuity payments 
that the deceased member previously received through a special 
disability pension. 

(d) benefits payable under this paragraph (4) shall be 
based on the rate of compensation for the grade and step of the 
deceased member at the date of retirement plus any longevity 
payments the deceased member was then entitled to receive. 



201 



Ord. 98-290A 1 997- 1 998 Session 



(5) death without beneficiaries, heirs, or estate. 

The amounts that would have been paid under this 
subsection (i), excluding membership contribution accounts, with 
interest, forever remain assets of the system if: 

(a) a member dies without designating a beneficiary; 

(b) that member has no heirs, as enumerated in §§ 3-102 
through 3- 1 04 of the estates and trusts article of the maryland 
Code; and 

(c) no estate for that member is opened within 2 years 
of the member's death. 

(6) minimum accidental death pension benefit at june 30, 1994. 

(A) This paragraph (6) applies to those beneficiaries 
who, as of June 30, 1 994, are receiving a line-of-duty death benefit 

IN ACCORDANCE WITH THIS SUBSECTION (I) AND WHOSE TOTAL BENEFIT ON 

June 30, 1 994, amounts to less than $ 1 5,000 annually. 

(B) LlNE-OF-DUTY DEATH BENEFITS FOR BENEFICIARIES 
DESCRIBED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH (6) SHALL BE 
INCREASED TO NO LESS THAN THE LOWER OF: 

(I) AN ANNUAL BENEFIT OF $ 1 5,000; OR 

(n) AN ANNUAL BENEFIT EQUIVALENT TO THE JUNE 30, 
1 994, SALARY FOR AN ACTIVE MEMBER IN THE SAME JOB CLASSIFICATION 
(E.G., CLASS, GRADE, LEVEL, AND LONGEVITY) AS THE MEMBER ON THE DATE 
OF THE MEMBER'S DEATH. 

(C) In no event may this paragraph result in a 

BENEFICIARY'S RECEIVING A PENSION LESS THAN THE PENSION THE MEMBER 
WAS RECEIVING ON JUNE 30, 1994. 

(D) For purposes of this paragraph (6), the pension 

BENEFIT INCLUDES ANY POST-RETIREMENT BENEFIT INCREASES PAID AS OF 

June 30, 1994. 

(E) If any beneficiary receiving an increased minimum 

PENSION IN 1 994 AS A RESULT OF THIS PARAGRAPH IS ELIGIBLE FOR A 



202 



997-1998 Session Ord. 98-290A 



January 1995 post-retirement benefit increase under § 36A of this 
article. the member's 1995 post-retirement increase shall be 
calculated as though the beneficiary had received this increased 
minimum pension benefit on june 30. 1 994. 

(f) any post-retirement benefit increases paid before 
June 30. 1994, may not be changed due to any lncrease ln benefits 
payable as a result of this paragraph (6). 

(t) Compliance with Internal Revenue Code §41 5. 

Notwithstanding any other provision of this subtitle, no 
benefits are provided under this subtitle to the extent that they 
exceed the limitations applicable to governmental plans covering 
Police and Fire Department employees in Internal Revenue Code 
§ 415 and the regulations adopted under it. 

(u) Compliance with Internal Revenue Code § 401 (a)(9). 

(1) Distributions under this subtitle shall be m.ade in 
accordance with the regulations adopted under internal revenue 
Code § 401(a)(9). as applicable to this system, including 
Regulation § 1 .401 (a)(9)-2, which regulations override any 
distribution options in this subtitle to the extent of any 
inconsistency. This subsection is intended to comply with the 
requirements of Internal Revenue Code § 401 (a)(9) to the extent 
applicable to this system, and shall not be interpreted to impose 
any requirements on this system or on any member or beneficiary 
beyond those required to comply with § 401 (a)(9). this subsection- 
only specifies the latest permissible time by which distributions 
must begin and the longest permissible period over which 
distributions may be made, and in no way precludes ant earlier 
commencement or more rapid distribution provided for ln this 
subtitle. 

(2) Distribution of a member' s retirement benefit shall 
begin no later than the april 1 following the calendar ye.ar 
during which the member both has reached age 70v5 and has 
terminated employment with the city. distribution shall be m.ade 
over a period not extendlng beyond the life of the member or the 
joint lives of the member .and his or her beneficiary. 



203 



Ord. 98-290A 1 997- 1 998 Session 



(3) If a member dies before distribution of his or her 
retirement benefit begins, the member's entire benefit shall be 
distributed within 5 years after death. this requirement is deemed 
satisfied by any distribution of the member's benefit payable to his 
or her beneficiary over a period not extending beyond the life or 
life expectancy of the beneficiary, as long as those distributions 
begin no later than december 3 1 of the calendar year following 
the calendar year of the member's death. however, if the 
beneficiary is the member's surviving spouse, the date on which the 
distributions are required to begin is december 3 1 of the calendar 
year in which the member would have attained age iov2 . this 
paragraph (3) does not apply if distribution of the member's benefit 
began before his or her death and the remaining portion of the 
member's benefit is distributed at least as rapidly as under the 
method of distribution being used at the date of the member's 
death. any amount paid to a child is treated as if it is paid to the 
surviving spouse when that child reaches the age of majority. 

(v) Compensation limit. 

(1) General rule. 

THE ANNUAL COMPENSATION OF EACH MEMBER TAKEN INTO 
ACCOUNT UNDER THIS SUBTITLE SHALL NOT EXCEED THE FEDERAL OMNIBUS 

Budget Reconciliation Act of 1993 ("OBRA '93") annual 

COMPENSATION LIMIT. THE OBRA '93 ANNUAL COMPENSATION LIMIT IS 
$ 1 50,000, ADJUSTED FOR COST OF LIVING INCREASES UNDER INTERNAL 

Revenue Code § 40 1 ( a)( 1 7)(B) and subject to the fresh start 

PROVISIONS SET FORTH IN PARAGRAPH (2) OF THIS SUBSECTION. THE COST OF 
LIVING ADJUSTMENT IN EFFECT FOR A CALENDAR YEAR APPLIES TO ANY 
PERIOD NOT EXCEEDING 12 MONTHS OVER WHICH COMPENSATION IS 
DETERMINED (THE "DETERMINATION PERIOD") BEGINNING IN THAT CALENDAR 
YEAR. IF A DETERMINATION PERIOD CONSISTS OF FEWER THAN 1 2 MONTHS, 
THE ANNUAL COMPENSATION LIMIT WILL BE MULTIPLIED BY A FRACTION, THE 
NUMERATOR OF WHICH IS THE NUMBER OF MONTHS IN THE SHORT 
DETERMINATION PERIOD AND THE DENOMINATOR OF WHICH IS 1 2. IF 
COMPENSATION FOR ANY PRIOR DETERMINATION PERIOD IS TAKEN INTO 
ACCOUNT IN DETERMINING A MEMBER'S RETIREMENT BENEFIT IN THE 
CURRENT YEAR, THE COMPENSATION FOR THAT PRIOR DETERMINATION 
PERIOD IS SUBJECT TO THE OBRA '93 ANNUAL COMPENSATION LIMIT FOR 
THAT PRIOR DETERMINATION PERIOD. FOR THIS PURPOSE, FOR 
DETERMINATION PERIODS BEGINNING BEFORE JULY 1 , 1 994, THE OBRA '93 
ANNUAL COMPENSATION LIMIT IS $150,000. 



204 



1 997- 1 998 Session Ord. 98-290A 



(2) Special rule. 

(a) in this paragraph, "§ 401(a)(17) member" means any 
member on or after july 1 , 1994, whose annual compensation for 

ANY YEAR BEFORE 1 994 EXCEEDED $ 1 50,000. 

(B) This paragraph (2) applies to determine the 

RETIREMENT BENEFIT OF A § 401 (A)(l 7) MEMBER. 

(C) The retirement benefit of a § 401(a)(17) member 

SHALL BE THE GREATER OF (I) OR (II) BELOW: 

(I) THE MEMBER'S RETIREMENT BENEFIT ON JUNE 30, 1994, 
DETERMINED AS THOUGH THE MEMBER TERMINATED SERVICE WITH THE CITY 
ON THAT DATE, WITHOUT REGARD TO ANY AMENDMENTS TO THIS SUBTITLE 
ENACTED AFTER THAT DATE AND TAKING INTO ACCOUNT ANNUAL 
COMPENSATION UP TO THE APPLICABLE § 401(A)(17) LIMITATION FOR EACH 
YEAR BEFORE JULY 1, 1994; OR 

(II) THE MEMBER'S RETIREMENT BENEFIT, DETERMINED 
WITHOUT REGARD TO THIS PARAGRAPH (2). 

(w) Eligible rollover distribution. 
(1) Definitions. 

(a) in this subsection, the following terms have the 

MEANINGS INDICATED: 

(B) (i) "Eligible rollover distribution" means any 
distribution of all or any portion of the balance to the credit of 
the distributee. 

(ii) "Eligible rollover distribution" does not 
include: 

1 . any distribution that is one of a series of 

SUBSTANTIALLY EQUAL PERIODIC PAYMENTS (NOT LESS FREQUENTLY THAN 
ANNUALLY) MADE FOR THE LIFE (OR LIFE EXPECTANCY) OF THE DISTRIBUTEE 
OR THE JOINT LIVES (OR JOINT LIFE EXPECTANCIES) OF THE DISTRIBUTEE AND 
THE DISTRIBUTEE'S DESIGNATED BENEFICIARY, OR FOR A SPECIFIED PERIOD OF 
10 YEARS OR MORE: 



205 



Ord. 98-290A 1 997- 1 998 Session 



2. ANY DISTRIBUTION TO THE EXTENT THAT IT IS 
REQUIRED UNDER INTERNAL REVENUE CODE § 401(A)(9): AND 

3. THE PORTION OF ANY DISTRIBUTION THAT IS NOT 
INCLUDIBLE IN GROSS INCOME, DETERMINED WITHOUT REGARD TO THE 
EXCLUSION FOR NET UNREALIZED APPRECIATION WITH RESPECT TO EMPLOYER 
SECURITIES. 

(C) (i) "Eligible retirement plan" means any of the 

FOLLOWING THAT ACCEPTS THE DISTRIBUTEE'S ELIGIBLE ROLLOVER 
DISTRIBUTION: 

1 . AN INDIVIDUAL RETIREMENT ACCOUNT DESCRIBED IN 

Internal Revenue Code § 408(a): 

2. AN INDIVIDUAL RETIREMENT ANNUITY DESCRIBED IN 

Internal Revenue Code § 408(b): 

3. AN ANNUITY PLAN DESCRIBED IN INTERNAL REVENUE 

Code § 403(a): or 

4. A QUALIFIED TRUST DESCRIBED IN Internal 

Revenue Code § 401 (a). 

(ii) However, in the case of an eligible rollover 
distribution to the surviving spouse, an eligible retirement plan is 
an individual retirement account or individual retirement 

ANNUITY. 

(D) (i) "Distributee" means an employee or former 

EMPLOYEE. 

(II) In addition, the employee's or former employee's 
surviving spouse and the employee's or former employee's spouse or 
former spouse who is the alternate payee under a qualified 
domestic relations order, as defined in internal revenue code 
§ 414(p), are "distributees" with regard to the interest of the spouse 
or former spouse. 

(E) "Direct rollover" means a payment under this 

SUBTITLE TO THE ELIGIBLE RETIREMENT PLAN SPECIFIED BY THE DISTRIBUTEE. 



206 



1 997- 1 998 Session Ord. 98-290A 

(2) Direct rollovers. 

Notwithstanding any provision of this subtitle that 
would otherwise limit a distributee's election under this section, a 
distributee may elect, at the time and in the manner prescribed by 
the Board of Trustees, to have any portion of an eligible rollover 
distribution paid directly to an eligible retirement plan specified 
by the distributee in a direct rollover. 

Subtitle — General Provisions 

47. Definitions. 

(f) Designated beneficiary. 

"designated beneficiary" means one or more persons named 
by a member, former member, or a retiree as beneficiary on a 
notarized written designation filed with the board of trustees on 
forms provided by the board of trustees. 

(g) Surviving spouse. 

(1) "Surviving spouse" means the individual to whom a 
member, former member, or retiree was married on the date of his 
or her death, even if the individual was separated from or had been 
granted a limited divorce from the member, former member, or 

RETIREE. 

(2) "surviving spouse" does not include an individual who 
has been granted an absolute divorce from a member, former 
member, or retiree before his or her death. 

(h) Minor child. 

"Minor child" means the child of a member, former member, 
or retiree who: 

( 1 ) has not attained the age of 1 8; or 

(2) if the child is a full-time student, as verified to the 
satisfaction of the administrator in accordance with the policies 
set by the board of trustees, has not attained the age of 22. 



207 



Ord. 98-29 1 1 997- 1 998 Session 



(i) Retirement date. 

"Retirement date" means the date on which a member 
effectively begins to receive retirement benefits. 

Section 2. And be it further ordained, That on account of 
paramedics who transferred Employees' Retirement System service into the 
Fire and Police Employees' Retirement System on July 1, 1994, under the 
formula set by the Stipulation of Settlement in Balcerowicz v. Mayor and 
City Council of Baltimore and Nalley v. Mayor and City Council of 
Baltimore, the Board of Trustees of the Employees' Retirement System 
shall determine and transfer to the Fire and Police Employees' Retirement 
System all applicable funds provided by the City for transferring 
paramedics' past service, as determined by the System's actuary. 

Section 3. And be it further ordained, That the amendments 
made by this Ordinance to Article 22, § 34(h) and (i) shall be effective only 
with regard to and govern death benefits payable only to: (1) beneficiaries 
of members dying on or after the effective date of this Ordinance; 
(2) beneficiaries of members dying before the effective date of this 
Ordinance but with death benefit applications pending as of the effective 
date; and (3) beneficiaries of members dying before the effective date of 
this Ordinance who apply for death benefits within 60 days of the effective 
date of this Ordinance. 

Section 4. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 5. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 16, 1998 

Kurt L.Schmoke, Mayor 



Enrolled 

City of Baltimore 
Ordinance 98-291 
Council Bill 98-691 

An Ordinance Concerning 

208 



1 997- 1 998 Session Ord. 98-29 1 



City Streets — Closing — Certain Streets Lying 
Within the Inner Harbor East Urban Renewal Project 

FOR the purpose of condemning and closing certain streets lying within the 
Inner Harbor East Urban Renewal Project, as shown on Plat 305-C-6C 
in the Office of the Department of Public Works; and providing for a 
special effective date. 

By authority of 

Article I - General Provisions 
Section 4 

and 
Article II - General Powers 
Sections 2, 34, 35 
Baltimore City Charter 
(1996 Edition) 

Section l. Be it ordained by the Mayor and City Council of 
Baltimore, That the Department of Public Works shall proceed to 
condemn and close certain streets lying within the Inner Harbor East Urban 
Renewal Project and more particularly described as follows: 

Sheet 1 of 1 comprising certain streets lying within the area 
bounded by Fleet Street, Albemarle Street, Lancaster Street, and 
East Falls Avenue; the streets are numbered from one to five on 
Sheet 1 and described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the south side of Fleet Street, varying in 
width, and the southeast side of Albemarle Street, varying 
in width, and running thence binding on the southeast side 
of said Albemarle Street by a line curving to the left with a 
radius of 15.00 feet the distance of 23.41 feet which arc is 
subtended by a chord bearing South 41° 31' 09" West 
21.10 feet to the east side of Albemarle Street, 45 feet 
wide; thence binding on the east side of last said Albemarle 
Street, South 03° 1 1' 03" East 198.35 feet to the northeast 
side of Albemarle Street, varying in width; thence binding 
on the northeast side of last said Albemarle Street by a line 
curving to the left with a radius of 10.00 feet the distance 
of 10.62 feet which arc is subtended by a chord bearing 
South 33° 37' 17" East 10.13 feet to the north side of 
Aliceanna Street, 43 feet wide; thence binding on the north 



209 



Ord. 98-29 1 1 997- 1 998 Session 



side of said Aliceanna Street, by a line curving to the left 
with a radius of 103.00 feet the distance of 61 .49 feet 
which arc is subtended by a chord bearing North 81° 09' 
37" West 60.5 8 North 81 ° 09' 52" West 60.57 feet to 
intersect the northwest side of last said Albemarle Street; 
thence binding on the northwest side of last said Albemarle 
Street, by a line curving to the left with a radius of 10.00 
feet the distance of 14.82 feet which arc is subtended by a 
chord bearing North 39° 16' 38" East 13.50 feet to the west 
side of Albemarle Street, 45 feet wide; thence binding on 
the west side of Albemarle Street, 45 feet wide, North 03° 
1 1 ' 03" West 183.98 feet to the southwest side of 
Albemarle Street, varying in width; thence binding on the 
southwest side of last said Albemarle Street, varying in 
width, by a line curving to the left with a radius of 15.00 
feet the distance of 23.00 feet which arc is subtended by a 
chord bearing North 47° 07' 13.5" West 20.82 feet to 
intersect the south side of said Fleet Street and thence 
binding on the south side of said Fleet Street, North 86° 
24' 10" East 74.29 feet to the place of beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the west side of President Street, varying in 
width, and the line of the south side of Fleet Street, varying 
in width, if projected westerly, and running thence binding 
reversely on the line of the south side of said Fleet Street, 
so projected, North 86° 51 ' 30" East 56.07 feet to the 
southeast side of said President Street; thence binding on 
the southeast side of said President Street, by a line curving 
to the right with a radius of 15.00 feet the distance of 24.52 
feet which arc is subtended by a chord bearing South 40° 
02' 04.5" West 21 .88 feet to the east side of President 
Street, 40 feet wide; thence binding on the east side of last 
said President Street, South 06° 47' 21" East 313.22 feet to 
the northeast side of President Street, varying in width; 
thence binding on the northeast side of last said President 
Street, by a line curving to the left with a radius of 15.00 
feet the distance of 25.20 feet which arc is subtended by a 
chord bearing South 54<> 55' 22.5" East 22.34 feet to the 
north side of Aliceanna Street, 60 feet wide; thence binding 
on the north side of said Aliceanna Street, South 76° 56' 
36" West 70.42 feet to the northwest side of last said 
President Street; thence binding on the northwest side of 



210 



1 997- 1 998 Session Ord. 98-29 1 



last said President Street by a line curving to the left with a 
radius of 15.00 feet the distance of 21.92 feet which arc is 
subtended by a chord bearing North 35° 04' 38" East 20.02 
feet to the west side of said President Street, 40 feet wide, 
and thence binding in part on the west side of last said 
President Street, in part on the west side of President 
Street, mentioned firstly herein, and in all, North 06° 47' 
21" West 339.44 feet to the place of beginning. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the north side of Aliceanna Street, 60 feet 
wide, and the northeast side of East Falls Avenue, varying 
in width, and running thence binding on the north side of 
said Aliceanna Street, North 76° 56' 36" East 304.07 feet 
to the northwest side of Aliceanna Street, varying in width; 
thence binding on the northwest side of last said Aliceanna 
Street, by a line curving to the left with a radius of 10.00 
feet the distance of 1 1.89 feet which arc is subtended by a 
chord bearing North 42° 53' 14" East 1 1 .20 feet to the west 
side of Aliceanna Street, 43 feet wide; thence binding on 
the line of the west side of last said Aliceanna Street, if 
projected southerly, by a line curving to the left with a 
radius of 103.00 feet the distance of 25.17 feet which arc is 
subtended by a chord bearing South 01° 49' 36" West 
25.1 1 feet; thence by a straight line drawn parallel with and 
distant 18.00 feet southerly measured at right angles from 
the north side of Aliceanna Street, mentioned firstly herein, 
South 76° 56' 36" West 295.55 feet to the northeast side of 
said East Falls Avenue and thence binding on the northeast 
side of said East Falls Avenue, North 45° 17' 55" West 
21 .28 feet to the place of beginning. 

Beginning for Parcel No. 4 at the point formed by the 
intersection of the line of the north side of Fleet Street, 
varying in width, if projected westerly, and the west side of 
East Falls Avenue, 3 1 feet wide, and running thence 
binding reversely on the line of the north side of said Fleet 
Street, so projected, North 86° 51' 30" East 8.90 feet; 
thence by a straight line, South 15° 06' 37" East 45.41 feet; 
thence by a line curving to the left with a radius of 3 1 .00 
feet the distance of 39.87 feet which arc is subtended by a 
chord bearing South 51* 57' 21" South 51° 57' 17" East 
37.18 feet to intersect the east side of said East Falls 



211 



Ord. 98-29 1 1 997- 1 998 Session 



Avenue; thence binding on the east side of said East Falls 
Avenue, South 15° 06' 37" East 372.97 feet to the 
northeast side of East Falls Avenue, varying in width; 
thence binding on the northeast side of last said East Falls 
Avenue the two following courses and distances; namely, 
by a line curving to the left with a radius of 16.00 feet the 
distance of 24.60 feet which arc is subtended by a chord 
bearing South 59° 05' 01" East 22.22 feet and South 45° 
17' 55" East 21.28 feet; thence by a straight line, South 76° 
56' 36" West 56.04 feet to intersect the southwest side of 
last said East Falls Avenue; thence binding on the 
southwest side of last said East Falls Avenue, by a line 
curving to the right with a radius of 250.00 feet the 
distance of 23.70 feet which arc is subtended by a chord 
bearing North 17" 49' 17.5" North 17° 49' 33" West 23.69 
feet to the west side of East Falls Avenue, mentioned firstly 
herein, and thence binding on the west side of East Falls 
Avenue, mentioned firstly herein, North 15° 06' 37" West 
458.69 feet to the place of beginning. 

Beginning for Parcel No. 5 at the point formed by the east side 
of East Falls Avenue, 3 1 feet wide, and the southeast side 
of Fleet Street, varying in width, and running thence 
binding on the east side of said East Falls Avenue, North 
15° 06' 37" West 33.40 feet; thence by a line curving to the 
left with a radius of 3 1 .00 feet the distance of 1 1 .64 feet 
which arc is subtended by a chord bearing North 8 0^ 26' 
33^ North 80° 26' 45" East 1 1 .57 feet to intersect the 
southeast side of said Fleet Street, and thence binding on 
the southeast side of said Fleet Street by a line curving to 
the left with a radius of 5 1 .00 feet the distance of 34.95 feet 
which arc is subtended by a chord bearing South 04° 3 1 ' 
1 1" West 34.27 feet to the place of beginning. 

Beginning for Parcel 6 at a point on the southeast side of Fleet 
Street, varying in width, distant 65.08 feet northeasterly 
measured along the southeast side of said Fleet Street from 
the point formed by the intersection of the east side of East 
Falls Avenue, 3 1 feet wide, and the southeast side of said 
Fleet Street, and running thence by a line curving to the 
right with a radius of 8.66 feet the distance of 1 1.24 feet 
which arc is subtended by a chord bearing North 49° 39' 
49" East 10.47 feet to intersect the line of the south side of 



212 



997- 1 998 Session Ord. 98-29 1 



Fleet Street, 40 feet wide, if projected westerly; thence 
binding reversely on the line of the south side of last said 
Fleet Street, so projected, North 86° 51' 30" East 16.27 
feet, and thence binding on the southeast side of Fleet 
Street, mentioned firstly herein, by a line curving to the left 
with a radius of 51 .00 feet the distance of 25.68 feet which 
arc is subtended by a chord bearing South 72° 26' 00" West 
25.41 feet to the place of beginning. 

As delineated on Plat 305-C-6C, prepared by the Survey Control 
Section and filed on April 14, 1998, in the Office of the Department of 
Public Works , as revised through May 26, 1998 . 

Section 2. And be it further ordained, That the proceedings for 
the condemnation and closing of certain streets lying within the Inner 
Harbor East Urban Renewal Projectand the rights of all interested parties 
shall be regulated by and in accordance with all applicable provisions of 
state and local law and with all applicable rules and regulations adopted by 
the Director of Public Works and filed with the Department of Legislative 
Reference. 

Section 3. And be it further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore continue to be the 
property of the Mayor and City Council, in fee simple, until their use has 
been abandoned by the Mayor and City Council. If any person wants to 
remove, alter, or interfere with them, that person must first obtain 
permission from the Mayor and City Council and, in the application for this 
permission, must agree to pay all costs and expenses, of every kind, arising 
out of the removal, alteration, or interference. 

Section 4. And be it further ordained, That no building or 
structure of any kind (including but not limited to railroad tracks) may be 
constructed or erected in or on any part of the street closed under this 
Ordinance until all subsurface structures and appurtenances owned by the 
Mayor and City Council of Baltimore have been abandoned by the Mayor 
and City Council or, at the expense of the person seeking to erect the 
building or structure, have been removed and relaid in accordance with the 
specifications and under the direction of the Director of Public Works of 
Baltimore City. 

Section 5. And be it further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances owned by 



213 



Ord. 98-292 1 997- 1 998 Session 



any person other than the Mayor and City Council of Baltimore shall be 
removed by and at the expense of their owners, promptly upon notice to do 
so from the Director of Public Works. 

Section 6. And be it further ordained, That at all times after the 
closing under this Ordinance, the Mayor and City Council of Baltimore, 
acting by or through its authorized representatives, shall have access to the 
subject property and to all subsurface structures and appurtenances used by 
the Mayor and City Council, for the purpose of inspecting, maintaining, 
repairing, altering, relocating, or replacing any of them, without need to 
obtain permission from or pay compensation to the owner of the property. 

Section 7. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 16, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-292 
Council Bill 98-692 

An Ordinance Concerning 



Zoning — Conditional Use Convalescent, Nursing, and Rest Home — 
400 Old Orchard Road and Lot 16 of Block 8019 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a convalescent, nursing, 
and rest home , with a maximum capacity of 1 2 clients and 1 resident 
manager, on the property properties known as 400 Old Orchard Road 
and Lot 16 of Block 8019 , as outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s)4.1-ld-l and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a convalescent, nursing, and rest home , with 



214 



1 997- 1 998 Session Ord. 98-292 



a maximum capacity of 12 clients and 1 resident manager, on the prop e rty 
properties known as 400 Old Orchard Road and Lot 16 of Block 8019 , as 
outlined in red on the plat accompanying this Ordinance, in accordance with 
Article 30, §§ 4.1-ld-l and 1 1.0-6d of the Baltimore City Code, subject to 
the condition that following conditions: 

1. no more than 2 clients may reside in any bedroom; 

2. resident clients must be 60 years of age or older; 

3. any accessory uses must be specific to this facility — the house 

may not be used as a commissary for other assisted living 
facilities; 

4. the owners must provide a minimum of 6 off-street parking 

spaces on the site and must obtain Site Plan Review Committee 
approval for the layout of the parking area; 

5. any exterior changes to the house must be approved by the 

Planning Department, after review by the Ten Hills 
Architectural Review Committee; and 

& the convalescent, nursing, and rest home complies must comply 
with all applicable federal, state, and local licensing and 
certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 16, 1998 

Kurt L. Schmoke, Mayor 



215 



Ord. 98-293 1 997- 1 998 SESSION 



City of Baltimore 
Ordinance 98-293 
Council Bill 98-703 

An Ordinance Concerning 

City Property — Renaming Venable Senior High School 
to Waverly High School Career Center 

FOR the purpose of changing the name of Venable Senior High School, 
located at 701 East 34 th Street, to Waverly High School Career Center . 

By authority of 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section 229 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the name of Venable Senior High School, located at 701 
East 34 th Street, is changed to Waverly High School Career Center . 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 16, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-294 
Council Bill 98-731 

An Ordinance Concerning 



Supplementary Education Fund Operating Appropriation — 
Baltimore City Public Schools — $4,490,000 

For the purpose of providing a Supplementary Education Fund Operating 
Appropriation in the amount of $4,490,000 to the Baltimore City Public 
Schools - Program 756 (Special Instruction), to provide additional 
operating appropriation for non-public placement costs; and providing 
for a special effective date. 

216 



1 997- 1 998 Session Ord. 98-294 



By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents State Aid for 
Handicapped Non-Public Placements in excess of the revenue relied on by 
the Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the formulation of the Ordinance of Estimates for 
Fiscal Year 1 998 that could not have been reasonably anticipated when that 
Ordinance of Estimates was formulated. 

On May 6, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $4,490,000 shall be made available to the Baltimore City 
Public Schools - Program 756 (Special Instruction) as a Supplementary 
Education Fund Operating Appropriation for Fiscal Year 1998, to provide 
an additional operating appropriation for non-public placement costs. The 
source of revenue for this appropriation is State Aid (Handicapped-Non- 
Public Placements) in excess of the amount from this source that was relied 
on by the Board of Estimates in determining the tax levy required to balance 
the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 16, 1998 

Kurt L. Schmoke, Mayor 



217 



Ord. 98-295 1 997- 1 998 Session 



City of Baltimore 
Ordinance 98-295 
Council Bill 98-740 

An Ordinance Concerning 

Supplementary General Fund Operating Appropriation — 
Department of Housing and Community Development — $250,000 

FOR the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $250,000 for the Department of 
Housing and Community Development — Program 583 (Neighborhood 
Services), to provide funding for additional operating expenses; and 
providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Property Transfer Tax in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 13, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $250,000 shall be made available to the Department of 
Housing and Community Development — Program 583 (Neighborhood 
Services) as a Supplementary General Fund Operating Appropriation for 



218 



1 997- 1 998 Session Ord. 98-296 



Fiscal Year 1998, to provide funding for additional operating expenses. 
The source of revenue for this appropriation is the Property Transfer Tax in 
excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 16, 1998 



KURT L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-296 
Council Bill 98-744 

An Ordinance Concerning 



Supplementary Education Fund Operating Appropriation — 
Baltimore City Public Schools — $1,500,000 

FOR the purpose of providing a Supplementary Education Fund Operating 
Appropriation in the amount of $1,500,000 to the Baltimore City Public 
Schools — Program 743 (General Instruction), to provide funding for 
an additional operating appropriation; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents special federal 
impact aid in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 



219 



Ord. 98-297 1 997- 1 998 Session 



This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 13, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
BALTIMORE, That $1,500,000 shall be made available to the Baltimore City 
Public Schools — Program 743 (General Instruction) as a Supplementary 
Education Fund Operating Appropriation for Fiscal Year 1998, to provide 
funding for an additional operating appropriation. The source of revenue 
for this appropriation is federal impact aid in excess of the amount from this 
source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 16, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-297 
Council Bill 98-747 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Department of Recreation and Parks — $3,000,000 

FOR the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $3,000,000 to the Department of 
Recreation and Parks — Program 480 (Recreational Services), to 
provide funding for additional operating expenses; and providing for a 
special effective date. 



220 



1 997- 1 998 Session Ord. 98-297 



By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Property Transfer Tax in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 13, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $3,000,000 shall be made available to the Department of 
Recreation and Parks — Program 480 (Recreational Services) as a 
Supplementary General Fund Operating Appropriation for Fiscal Year 
1998, to provide funding for additional operating expenses. The source of 
revenue for this appropriation is the Property Transfer Tax in excess of the 
amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 16, 1998 

Kurt L. Schmoke, Mayor 



221 



Ord. 98-298 1 997- 1 998 Session 



City of Baltimore 
Ordinance 98-298 
Council Bill 98-748 

An Ordinance Concerning 

Supplementary General Fund Operating Appropriation — 
Police Department — $6,000,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $6,000,000 to the Police Department — 
Program 201 (Field Operations Bureau), to provide funding for 
additional operating expenses; and providing for a special effective 
date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from 
Income Taxes in excess of the revenue relied on by the Board of Estimates 
in determining the tax levy required to balance the budget for Fiscal Year 
1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 13, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 



222 



1 997- 1 998 Session Ord. 98-299 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $6,000,000 shall be made available to the Police 
Department — Program 201 (Field Operations Bureau) as a Supplementary 
General Fund Operating Appropriation for Fiscal Year 1998, to provide 
funding for additional operating expenses. The source of revenue for this 
appropriation is Income Taxes in excess of the amount from this source that 
was relied on by the Board of Estimates in determining the tax levy required 
to balance the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 16, 1998 



KURT L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-299 
Council Bill 97-491 

An Ordinance Concerning 

Zoning — Conditional Use Parking Lot — 
1400 Exeter Hall Avenue 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of an open off-street parking 
area on the property known as 1400 Exeter Hall Avenue, as outlined in 
red on the accompanying plat. 

BY authority of 

Article 30 - Zoning 

Section(s)7.1-lcc-l and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an open off-street parking area on the 
property known as 1400 Exeter Hall Avenue, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 7.1-lcc-l 
and 1 1 .0-6d of the Baltimore City Code, subject to the condition that 
following conditions: 



223 



Ord. 98-300 1 997- 1 998 Session 



1 . the applicant must construct an access driveway for the 
Coldstream Park Elementary School to replace the existing 
driveway that is currently shared by Coldstream Park 
Elementary School and Kirk Field; 

2. the final site plan and the Forest Conservation Plan for the 
conditional use off-street parking area are subject to the 
a pproval of the Department of Planning; and 

3. the parking lot area compli e s must comply with all applicable 
federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 17, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-300 
Council Bill 97-578 

An Ordinance Concerning 



Zoning — Conditional Use Open Off-Street Parking Area — 
150 West West Street 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of an open off-street parking 
area, other than accessory, for the parking of four or more automobiles 



224 



1 997- 1 998 Session Ord. 98-30 1 



on the property known as 150 West West Street, as outlined in red on 
the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 4.7-ld-4 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an open off-street parking area, other than 
accessory, for the parking of four or more automobiles on the property 
known as 1 50 West West Street, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 4.7-ld-4 
and 1 1 .0-6d of the Baltimore City Code, subject to the condition that the 
open off-street parking area complies with all applicable federal, state, and 
local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 17, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-301 
Council Bill 98-661 

An Ordinance Concerning 



225 



Ord. 98-301 1997-1998 Session 



City Property — Parcel of Land to be Acquired for 
Off-Street Parking Facility at 400 South Central Avenue 

FOR the purpose of authorizing the acquisition by purchase or condemnation 
by the Mayor and City Council of Baltimore of the fee simple or other 
interests that the Director of the Department of Public Works considers 
necessary or sufficient in and to certain pieces or parcels of land situate 
in Baltimore City, for a parcel of land needed for the construction and 
operation of a feasible and sufficient off-street parking facility for the 
public storage, parking, and servicing of self-propelled vehicles, being 
the property known as Lot 17 of Ward 3, Section 6, Block 1431 ; 
providing for the Planning Commission to have final design approval of 
the garage building. 

By authority of 

Article I - General Provisions 
Section 4 

and 
Article II - General Powers 
Sections 2 and 20 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is necessary to acquire by purchase or condemnation 
for public parking purposes, for storing, parking, and servicing self- 
propelled vehicles, the fee simple or other interests that the Director of the 
Department of Public Works considers necessary or sufficient in and to all 
of those pieces or parcels of land, with the improvements on them, situate in 
Baltimore City and described as follows: 

400 South Central Avenue (Ward 3, Section 6, Block 1431, Lot 17) 

Together with all right, title, interest, and estate that the owner or 
owners of that property have in all streets, alley, ways, or lanes, public and 
private, both abutting the whole area described and contained within the 
perimeter of those pieces or parcels of land. 

Section 2. And be it further ordained, That the Department of 
Real Estate of Baltimore City, or any other person or agency that the Board 
of Estimates designates, is or are authorized to negotiate and acquire on 
behalf of the Mayor and City Council of Baltimore, and for the purposes 
described in this Ordinance, the fee simple or other interests necessary or 

226 



1 997- 1 998 Session Ord. 98-302 



sufficient in and to these pieces or parcels of land and their improvements. 
If the Department of Real Estate or the person or agency otherwise 
designated by the Board of Estimates under the authority of Article V, 
§ 5(a) of the City Charter is or are unable to agree with the owner or owners 
on the purchase price of the pieces or parcels of land and their 
improvements, it or they shall forthwith notify the City Solicitor of 
Baltimore City, who shall institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to acquire by 
condemnation the fee simple or other interests necessary or sufficient in and 
to these pieces or parcels of land and the improvements on them for the 
purposes described in this Ordinance. 

Section 3. And be it further ordained, That the proceedings for 
the acquisition by condemnation of the property and rights described and all 
the rights of all parties interested or affected shall be regulated by and be in 
accordance with the provisions of Title 12 of the Real Property Article of 
the Maryland Code. 

Section 4. and be it further ordained, That the Planning 
Commission has final design approval of the garage building. 

Section 5. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 17, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-302 
Council Bill 98-662 

An Ordinance Concerning 

City Property — Parcel of Land to be Acquired for 
Off-Street Parking Facility at 1205 Bank Street 

FOR the purpose of authorizing the acquisition by purchase or condemnation 
by the Mayor and City Council of Baltimore of the fee simple or other 
interests that the Director of the Department of Public Works considers 
necessary or sufficient in and to certain pieces or parcels of land situate 
in Baltimore City, for a parcel of land needed for the construction and 
operation of a feasible and sufficient off-street parking facility for the 



227 



Ord. 98-302 1 997- 1 998 Session 



public storage, parking, and servicing of self-propelled vehicles, being 
the property known as Lot 16 of Ward 3, Section 6, Block 1431; 
providing for the Planning Commission to have final design approval of 
the garage building. 

By authority of 

Article I - General Provisions 
Section 4 

and 
Article II - General Powers 
Sections 2 and 20 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is necessary to acquire by purchase or condemnation 
for public parking purposes, for storing, parking, and servicing self- 
propelled vehicles, the fee simple or other interests that the Director of the 
Department of Public Works considers necessary or sufficient in and to all 
of those pieces or parcels of land, with the improvements on them, situate in 
Baltimore City and described as follows: 

1205 Bank Street (Ward 3, Section 6, Block 1431, Lot 16) 

Together with all right, title, interest, and estate that the owner or 
owners of that property have in all streets, alley, ways, or lanes, public and 
private, both abutting the whole area described and contained within the 
perimeter of those pieces or parcels of land. 

Section 2. And be it further ordained, That the Department of 
Real Estate of Baltimore City, or any other person or agency that the Board 
of Estimates designates, is or are authorized to negotiate and acquire on 
behalf of the Mayor and City Council of Baltimore, and for the purposes 
described in this Ordinance, the fee simple or other interests necessary or 
sufficient in and to these pieces or parcels of land and their improvements. 
If the Department of Real Estate or the person or agency otherwise 
designated by the Board of Estimates under the authority of Article V, 
§ 5(a) of the City Charter is or are unable to agree with the owner or owners 
on the purchase price of the pieces or parcels of land and their 
improvements, it or they shall forthwith notify the City Solicitor of 
Baltimore City, who shall institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to acquire by 



228 



1 997- 1 998 Session Ord. 98-303 



condemnation the fee simple or other interests necessary or sufficient in and 
to these pieces or parcels of land and the improvements on them for the 
purposes described in this Ordinance. 

Section 3. And be it further ordained, That the proceedings for 
the acquisition by condemnation of the property and rights described and all 
the rights of all parties interested or affected shall be regulated by and be in 
accordance with the provisions of Title 12 of the Real Property Article of 
the Maryland Code. 

Section 4. and be it further ordained, That the Planning 
Commission has final design approval of the garage building. 

Section 5. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 17, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-303 
Council Bill 98-677 

An Ordinance Concerning 

Zoning — Conditional Use 
Parking Lot — 121 McMechen Street 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of an open off-street parking 
area on the property known as 121 McMechen Street, as outlined in red 
on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 4.8-ld-3 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an open off-street parking area on the 



229 



Ord. 98-304 1 997- 1 998 Session 



property known as 121 McMechen Street, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§4.8-ld-3 
and 1 1 .0-6d of the Baltimore City Code, subject to the conditions that: 

(1) the parking lot may be operated only by the Mount Royal 

Symphonic Orchestra; 

(2) the operation of the parking lot is limited to the three days each year 

that the ArtScape Festival is held; and 

(3) the parking area must comply with all applicable federal, state, and 

local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 17, 1998 

KurtL. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-304 
Council Bill 98-681 

An Ordinance Concerning 



Zoning — Conditional Use Open Off-Street Parking Garage — 

1205 Bank Street 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of an open off-street parking 
garage, other than accessory, for the parking of four or more 



230 



997- 1 998 Session Ord. 98-304 



automobiles on the property known as Lot 16 of Ward 3, Section 6, 
Block 1431, as outlined in red on the accompanying plat; providing that 
there be no yard requirement for the garage; and providing for a special 
effective date. 

By authority of 

Article 30 - Zoning 

Section(s) 4.10-ld-3, 4.10-2b-3, and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an open off-street parking garage, other than 
accessory, for the parking of four or more automobiles on the property 
known as Lot 16 of Ward 3, Section 6, Block 1431, as outlined in red on the 
plat accompanying this Ordinance, in accordance with Article 30, §§ 4.10- 
ld-3, 4.10-2b-3, and 1 1.0-6d of the Baltimore City Code, subject to the 
condition that the garage complies with all applicable federal, state, and 
local licensing and certification requirements. 

Section 2. And be it further ordained, That, in accordance with 
Article 30, § 4.10-2b-3 of the Baltimore City Code, there is no front, side, or 
rear yard requirement for the garage. 

Section 3. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 4. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 17, 1998 

Kurt L. Schmoke, Mayor 



231 



Ord. 98-305 1 997- 1 998 Session 



City of Baltimore 
Ordinance 98-305 
Council Bill 98-685 

An Ordinance Concerning 

City Property — Parcel of Land to be Acquired for 
Off-Street Parking Facility at 701 West Ostend Street 

FOR the purpose of authorizing the acquisition by purchase or condemnation 
by the Mayor and City Council of Baltimore of the fee simple or other 
interests that the Director of the Department of Public Works considers 
necessary or sufficient in and to certain pieces or parcels of land situate 
in Baltimore City, for a parcel of land needed for the construction and 
operation of a feasible and sufficient off-street parking facility for the 
public storage, parking, and servicing of self-propelled vehicles, being 
the property known as Lot 1 of Ward 21, Section 9, Block 954. 

By authority of 

Article I - General Provisions 
Section 4 
and 

Article II - General Powers 
Sections 2 and 20 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is necessary to acquire by purchase or condemnation 
for public parking purposes, for storing, parking, and servicing self- 
propelled vehicles, the fee simple or other interests that the Director of the 
Department of Public Works considers necessary or sufficient in and to all 
of those pieces or parcels of land, with the improvements on them, situate in 
Baltimore City and described as follows: 

701 West Ostend Street (Ward 21, Section 9, Block 954, Lot 1) 

Together with all right, title, interest, and estate that the owner or 
owners of that property have in all streets, alley, ways, or lanes, public and 
private, both abutting the whole area described and contained within the 
perimeter of those pieces or parcels of land. 



232 



1 997- 1 998 Session Ord. 98-306 



Section 2. And be it further ordained, That the Department of 
Real Estate of Baltimore City, or any other person or agency that the Board 
of Estimates designates, is or are authorized to negotiate and acquire on 
behalf of the Mayor and City Council of Baltimore, and for the purposes 
described in this Ordinance, the fee simple or other interests necessary or 
sufficient in and to these pieces or parcels of land and their improvements. 
If the Department of Real Estate or the person or agency otherwise 
designated by the Board of Estimates under the authority of Article V, 
§ 5(a) of the City Charter is or are unable to agree with the owner or owners 
on the purchase price of the pieces or parcels of land and their 
improvements, it or they shall forthwith notify the City Solicitor of 
Baltimore City, who shall institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to acquire by 
condemnation the fee simple or other interests necessary or sufficient in and 
to these pieces or parcels of land and the improvements on them for the 
purposes described in this Ordinance. 

Section 3. And be it further ordained, That the proceedings for 
the acquisition by condemnation of the property and rights described and all 
the rights of all parties interested or affected shall be regulated by and be in 
accordance with the provisions of Title 1 2 of the Real Property Article of 
the Maryland Code. 

Section 4. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 17, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-306 
Council Bill 98-694 

An Ordinance Concerning 



Rezoning — 708-724 South Wolfe Street* and 1816-1824 Lancaster 
Street , and 719 721 South Durham Street 

FOR the purpose of changing the zoning for the properties known as 

708-724 South Wolfe Streets and 1816-1824 Lancaster Street , and 7 1 9 
72 1 South Durham Street , as outlined in red on the accompanying plat, 
from the M-3 Zoning District to the B-2-2 Zoning District. 



233 



Ord. 98-307 1 997- 1 998 Session 



By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheet(s) 67 
Baltimore City Code 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 67 of the Zoning District Maps is amended by 
changing from the M-3 Zoning District to the B-2-2 Zoning District the 
properties known as 708-724 South Wolfe Street? and 1816-1824 Lancaster 
Street , and 719 721 South Durham Street , as outlined in red on the plat 
accompanying this Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 17, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-307 
Council Bill 98-702 

An Ordinance Concerning 



City Property — Renaming Joseph C. Briscoe Senior High School 
to Southwestern Central Career Center at Briscoe 

For the purpose of changing the name of Joseph C. Briscoe Senior High 
School, located at 900 Druid Hill Avenue, to Southwestern Central 
Career Center at Briscoe. 



234 



1 997- 1 998 Session Ord. 98-308 



By authority of 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section 229 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the name of Joseph C. Briscoe Senior High School, 
located at 900 Druid Hill Avenue, is changed to Southwestern Central 
Career Center at Briscoe. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 17, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-308 
Council Bill 98-723 

An Ordinance Concerning 

Street Encroachment — 1200 East Fayette Street 

FOR the purpose of permitting, subject to certain conditions, the 

construction and maintenance of an iron fence projecting into the public 
right-of-way on the south side of the property known as 1200 East 
Fayette Street. 

By authority of 

Article 32 - Building Code 
Section(s) 3207.1 
Baltimore City Code 
(1997 Building Code Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That: 

(a) Permission is granted for the construction and maintenance of an 
iron fence on the south side of the property known as 1200 East Fayette 
Street, subject to the conditions specified in this Ordinance. 

235 



Ord. 98-309 1 997- 1 998 Session 



(b) The structure may not (i) project into the public right-of-way more 
than 4 feet, or (ii) exceed 190 feet in width. 

(c) Except as specifically provided in this Ordinance, all ordinances, 
rules, and regulations of the Mayor and City Council of Baltimore, 
including but not limited to the requirement to obtain a right-of-entry 
permit, must be complied with in the construction and maintenance of this 
structure. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 17, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-309 
Council Bill 98-741 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Fire Department — $300,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $300,000 for the Fire Department — 
Program 212 (Fire Suppression), to provide funding for additional 
operating expenses; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Property Transfer Tax in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 



236 



1 997- 1 998 Session Ord. 98-3 1 



This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 13, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $300,000 shall be made available to the Fire Department 
— Program 212 (Fire Suppression) as a Supplementary General Fund 
Operating Appropriation for Fiscal Year 1998, to provide funding for 
additional operating expenses. The source of revenue for this appropriation 
is the Property Transfer Tax in excess of the amount from this source that 
was relied on by the Board of Estimates in determining the tax levy required 
to balance the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 17, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-310 
Council Bill 98-742 

An Ordinance Concerning 



Supplementary Motor Vehicle Fund Operating Appropriation — 
Baltimore City Public Schools — $1,000,000 

For the purpose of providing a Supplementary Motor Vehicle Fund 

Operating Appropriation in the amount of $1,000,000 to the Baltimore 
City Public Schools — Program 764 (Transportation), to provide 
funding for additional operating expenses; and providing for a special 
effective date. 



237 



Ord. 98-3 1 1 1 997- 1 998 Session 



By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from 
earnings on investments in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 13, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $1,000,000 shall be made available to the Baltimore City 
Public Schools — Program 764 (Transportation) as a Supplementary Motor 
Vehicle Fund Operating Appropriation for Fiscal Year 1998, to provide 
funding for additional operating expenses. The source of revenue for this 
appropriation is earnings on investments in excess of the amount from this 
source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 17, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-311 
Council Bill 98-743 



238 



1 997- 1 998 Session Ord. 98-3 1 1 



Supplementary Education Fund Operating Appropriation — 
Baltimore City Public Schools — $5,000,000 

FOR the purpose of providing a Supplementary Education Fund Operating 
Appropriation in the amount of $5,000,000 to the Baltimore City Public 
Schools — Program 756 (Special Education), to provide funding for an 
additional operating appropriation; and providing for a special effective 
date. 

BY authority of 

Article VI - Board of Estimates 
Section 8(b)(3) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 13, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $5,000,000 shall be made available to the Baltimore City 
Public Schools — Program 756 (Special Education) as a Supplementary 
Education Fund Operating Appropriation for Fiscal Year 1998, to provide 
funding for additional operating expenses. The source of revenue for this 
appropriation is City grant support in excess of the amount from this source 
that was relied on by the Board of Estimates in determining the tax levy 
required to balance the budget for Fiscal Year 1998. 



239 



Ord. 98-3 1 2 1 997- 1 998 Session 



Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 17, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-312 
Council Bill 98-745 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
MR-Miscellaneous General Expenses — $950,000 

FOR the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $950,000 to the MR-Miscellaneous 
General Expenses — Program 122 (Miscellaneous General Expenses), 
to provide funding for additional operating expenses; and providing for 
a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Property Transfer Tax in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1 998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 



240 



1 997- 1 998 Session Ord. 98-3 1 3 



formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 13, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $950,000 shall be made available to the MR- 
Miscellaneous General Expenses — Program 122 (Miscellaneous General 
Expenses) as a Supplementary General Fund Operating Appropriation for 
Fiscal Year 1998, to provide funding for additional operating expenses. 
The source of revenue for this appropriation is the Property Transfer Tax in 
excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 17, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-313 
Council Bill 98-746 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
MR-Retirees' Health Benefits — $6,000,000 

FOR the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $6,000,000 to the MR-Retirees' Health 
Benefits — Program 351, to provide funding for additional operating 
expenses; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 



241 



Ord. 98-314 1 997- 1 998 Session 



Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Recordation Tax and Income Tax in excess of the revenue relied on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 13, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
BALTIMORE, That $6,000,000 shall be made available to the MR-Retirees' 
Health Benefits — Program 351 as a Supplementary General Fund 
Operating Appropriation for Fiscal Year 1998, to provide funding for 
additional operating expenses. The source of revenue for this appropriation 
is the Recordation Tax and Income Tax in excess of the amount from this 
source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 17, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-314 
Council Bill 98-749 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation 
MR-Miscellaneous General Expenses — $5,000,000 



242 



1 997- 1 998 Session Ord. 98-3 1 4 



FOR the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $5,000,000 to the MR-Miscellaneous 
General Expenses — Program 122 (Miscellaneous General Expenses), 
to provide funding for additional operating expenses; and providing for 
a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from Net 
Parking Revenues in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 13, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $5,000,000 shall be made available to the MR- 
Miscellaneous General Expenses — Program 122 (Miscellaneous General 
Expenses) as a Supplementary General Fund Operating Appropriation for 
Fiscal Year 1998, to provide funding for additional operating expenses. 
The source of revenue for this appropriation is Net Parking Revenues in 
excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1998. 



243 



Ord. 98-315 1 997- 1 998 Session 



Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 17, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-315 
Council Bill 98-757 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
MR- Art and Culture — $80,520 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $80,520 to MR- Art and Culture — 
Program 493 (Art and Culture Grants), to provide a one-time capital 
maintenance grant for Arena Players; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Income Taxes in excess of the revenue relied on by the Board of Estimates 
in determining the tax levy required to balance the budget for Fiscal Year 
1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 



244 



1 997- 1 998 Session Ord. 98-3.1 6 



On May 20, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $80,520 shall be made available to MR- Art and Culture 
— Program 493 (Art and Culture Grants) as a Supplementary General Fund 
Operating Appropriation for Fiscal Year 1998, to provide a capital 
maintenance grant for Arena Players. The source of revenue for this 
appropriation is Income Taxes in excess of the amount from this source that 
was relied on by the Board of Estimates in determining the tax levy required 
to balance the budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 17, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-316 
Council Bill 98-759 

An Ordinance Concerning 



Motor Vehicle Fund Appropriation Transfer — 
Fire Department Communication System- 
Modernization (Capital) to MR-Conditional Purchase Agreements - 
Debt Service (Operating) — $1,894,000 

For the purpose of transferring a Fire Department Communication System- 
Modernization (Program 208) Capital Appropriation in the amount of 
$1,894,000 to MR-Conditional Purchase Agreements - Debt Service 
(Program 129), to defease outstanding debt; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 9(a)(2) 
Baltimore City Charter 
(1996 Edition) 



245 



Ord. 98-317 1 997- 1 998 Session 



Recitals 

Article VI, Section 9(a)(2) of the Charter of Baltimore City provides, 
that upon recommendation of the Board of Estimates, the City Council by 
ordinance may authorize the transfer of an appropriation contained in the 
Ordinance of Estimates from one municipal agency to another municipal 
agency. 

The sum of $1,894,000 was appropriated to the Fire Department 
Communication System-Modernization Capital Project Account (Program 
208) in the Fiscal 1997 and the Fiscal 1998 Ordinance of Estimates, and 
$1,894,000 is not needed for the purpose for which it was appropriated and 
therefore is available for transfer to another agency. 

On May 20, 1998, the Board of Estimates recommended the transfer 
authorized by this Ordinance. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the sum of $1,894,000 contained in the Fiscal 1997 and 
the Fiscal 1998 Ordinance of Estimates as a Fire Department 
Communication System-Modernization Capital Project (Program 208) 
capital appropriation is transferred to MR-Conditional Purchase 
Agreements - Debt Service (Program 129). 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 17, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-317 
Council Bill 98-760 

An Ordinance Concerning 

Water Fund Appropriation Transfer — Fire Department 

Communication System-Modernization (Capital) to 

MR-Conditional Purchase Agreements - 

Debt Service (Operating) — $296,000 



246 



997- 1 998 Session Ord. 98-3 1 7 



FOR the purpose of transferring a Fire Department Communication System- 
Modernization (Program 208) Capital Appropriation in the amount of 
$296,000 to MR-Conditional Purchase Agreements - Debt Service 
(Program 129), to defease outstanding debt; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 9(a)(2) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

Article VI, Section 9(a)(2) of the Charter of Baltimore City provides, 
that upon recommendation of the Board of Estimates, the City Council by 
ordinance may authorize the transfer of an appropriation contained in the 
Ordinance of Estimates from one municipal agency to another municipal 
agency. 

The sum of $296,000 was appropriated to the Fire Department 
Communication System-Modernization Capital Project Account (Program 
208) in the Fiscal 1997 and the Fiscal 1998 Ordinance of Estimates, and 
$296,000 is not needed for the purpose for which it was appropriated and 
therefore is available for transfer to another agency. 

On May 20, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the sum of $296,000 contained in the Fiscal 1997 and the 
Fiscal 1998 Ordinance of Estimates as a Fire Department Communication 
System-Modernization Capital Project (Program 208) capital appropriation 
is transferred to MR-Conditional Purchase Agreements - Debt Service 
(Program 129). 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 17, 1998 

Kurt L. Schmoke, Mayor 



247 



Ord. 98-318 1 997- 1 998 Session 



City of Baltimore 
Ordinance 98-318 
Council Bill 98-761 

An Ordinance Concerning 

Water Wastewater Fund Appropriation Transfer — 

Fire Department Communication System-Modernization (Capital) 

to MR-Conditional Purchase Agreements - 

Debt Service (Operating) — $558,000 

FOR the purpose of transferring a Fire Department Communication System- 
Modernization (Program 208) Capital Appropriation in the amount of 
$558,000 to MR-Conditional Purchase Agreements - Debt Service 
(Program 129), to defease outstanding debt; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 9(a)(2) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

Article VI, Section 9(a)(2) of the Charter of Baltimore City provides, 
that upon recommendation of the Board of Estimates, the City Council by 
ordinance may authorize the transfer of an appropriation contained in the 
Ordinance of Estimates from one municipal agency to another municipal 
agency. 

The sum of $558,000 was appropriated to the Fire Department 
Communication System-Modernization Capital Project Account (Program 
208) in the Fiscal 1997 and the Fiscal 1998 Ordinance of Estimates, and 
$558,000 is not needed for the purpose for which it was appropriated and 
therefore is available for transfer to another agency. 

On May 20, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the sum of $558,000 contained in the Fiscal 1997 and the 
Fiscal 1998 Ordinance of Estimates as a Fire Department Communication 



248 



1 997- 1 998 Session Ord. 98-3 1 9 



System-Modernization Capital Project (Program 208) capital appropriation 
is transferred to MR-Conditional Purchase Agreements - Debt Service 
(Program 129). 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 17, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-319 
Council Bill 98-715 

An Ordinance Concerning 

Fire and Police Employees' Retirement System 

FOR the purpose of allowing a member of the Fire and Police Employees' 
Retirement System to purchase certain prior City service; allowing a 
surviving spouse to continue receiving death benefits, regardless of 
marital status; eliminating the offset against excess disability earnings; 
providing a new method for offsetting Workers' Compensation awards 
against disability and death benefits; reducing the amount of 
contributions to be made during a certain period; providing for certain 
one-time, lump-sum payments to certain retired members or 
beneficiaries; eliminating certain early retirement reductions; providing 
a s pecial funding source for certain benefits; providing for a special 
effective date; and generally relating to the Fire and Police Employees' 
Retirement System. 

By adding 

Article 22 - Retirement Systems 

Section(s) 32(i), 34(i)(8), and 36A(a)(3) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 



249 



Ord. 98-3 1 9 1 997- 1 998 Session 



By repealing 

Article 22 - Retirement Systems 

Section(s) 34(g)(2) and (3) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

By repealing and reordaining, with amendments 
Article 22 - Retirement Systems 
Section(s) 34(i)(2), (3), and (4) and 34(1) 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

BY adding 

Article 22 - Retirement Systems 

Section(s) 320) and 34(i)(2)(E) 

Baltimore City Code 

(As amended by Ordinance 98- {Bill 98-689}) 

By repealing and reordaining, with amendments 
Article 22 - Retirement Systems 
Section(s) 34(i)(2)(A) 
Baltimore City Code 
(As amended by Ordinance 98- {Bill 98-689}) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 22 — Retirement Systems 

Subtitle — Fire and Police Employees 

32. Service creditable. 

(i) Purchase of non-credited City employment. 

(1) Purchase allowed. 

Any member of this system may purchase service credit 
for any regular and permanent employment with the City of 
Baltimore if: 



250 



1 997- 1 998 Session Ord. 98-3 1 9 



(a) the employment did not result in the member's being 
credited for service in any pension or retirement system; and 

(b) had the employment resulted in the member's being 
credited for service in another pension or retirement system, that 
credit would have been otherwise transferable into this system 
under the transfer or of credit policies established by the board 
of trustees. 

(2) Amount of payment. 

to purchase this service credit, the member must pay an 
amount equal to: 

(a) the product of: 

(i) the member's actual earnable compensation for 
the position for each year or part of a year of employment to be 
purchased, multiplied by 

(ii) this system's member contribution rate in effect 
at the time the employment occurred, plus 

(b) interest on that product calculated at this 
system's annuity savings fund rate in effect at the time that the 
purchased employment occurred to the date the payment for the 
employment is completed. 

(3) Method of payment . 

the amount payable may be made to this system by a 
single payment or by an increased rate of contribution, but 
payment for the employment must be completed before the earlier 
OF: 

(A) 1 YEARS FROM THE DATE THIS SYSTEM RECEIVES THE 
MEMBER'S APPLICATION TO PURCHASE SERVICE; OR 

(B) THE MEMBER'S RETIREMENT DATE. 



251 



Ord. 98-319 1 997- 1 998 Session 



(4) Pro rata credit for former employment. 

The purchased employment shall be credited pro rata 
at the time each payment for the service is made. in no event may 
credit for service be granted to a member for purchased 
employment for which payment has not been received by this 
system before the member's retirement date. 

34. Benefits. 

(g) Re- examination of beneficiaries retired on account of disability. 

[(2) A disability retiree may, without reduction of his retirement 
allowance, earn annually an amount, hereinafter referred to as "earnings," 
equal to the rate of the annual compensation being paid currently to persons 
in the same grade and step as the retiree was at the time of his retirement, 
plus the amount of any longevity payments currently being paid for the 
length of service the retiree had at the time of his retirement, said rate of 
compensation plus longevity payments, if any, hereinafter referred to as 
"base amount". Should such a retiree earn an annual amount which is 
greater than his base amount, the pension otherwise payable to him shall be 
reduced in the following manner: For the first $5,000 of earnings in excess 
of the base amount a reduction of $1 .00 in pension benefits shall be made 
for each $2.00 earned. For any earnings in excess of $5,000 over the base 
amount, a reduction of $2.00 in pension benefits shall be made for each 
$5.00 earned. In the calendar year of retirement the base amount shall be 
prorated on a monthly basis. Benefits which may be payable to a 
beneficiary of a deceased disability retiree under the provisions of this 
subtitle, shall not be reduced by reason of any excess earnings by said 
retiree, and the base for calculating said beneficiary's benefits shall be the 
total unreduced retirement allowance of the disability retiree, 
notwithstanding he had been receiving a reduced retirement allowance in 
the year of his death. The term "earnings" as used in this subsection shall 
mean income derived from wages, salaries, tips, commissions, other 
employee compensation, and self-employment. In all cases of doubt the 
Board of Trustees shall decide what is and what is not "earnings" for the 
purposes of administering the provisions of this subsection. An ordinary 
disability retiree who became a member of this system before July 1, 1979, 
and any special disability retiree who has not been certified as fit to perform 
duties in the classification in which he was performing duties at the time of 
his retirement may, nevertheless, accept suitable employment with the City, 
subject to the "earnings" provision contained herein; provided, however, 
that such an employee shall not again become a member of any retirement 



252 



1 997- 1 998 Session Ord. 98-3 1 9 



system supported in whole or in part by the Mayor and City Council of 
Baltimore. 

(3) On or before May 1 of each year following his disability 
retirement, a disability retiree shall submit, on a form issued by the Board of 
Trustees or on its equivalent as approved by the Board of Trustees, a signed 
statement setting forth his total earnings, if any, in the preceding calendar 
year and the source of said earnings. The execution of said form by a 
disability retiree shall have the same effect as a statement sworn to by him 
before a notary public. Should any disability retiree fail to submit said 
signed statement, his retirement allowance may thereafter be discontinued 
until he has complied, and should he fail to submit said signed statement by 
May 1 , of the succeeding year, all rights in and to his pension may be 
revoked by the Board of Trustees.] 

(i) Special death benefit. 

[Upon] On receipt of proper proof of the death of a member in 
service arising out of and in the course of the actual performance of duty, 
without willful negligence on his OR HER part, and [upon] ON determination 
by the hearing examiner as provided for in Section 33(1) that [such] THE 
death so occurred, there shall be paid: 

(2) To his [widow] OR HER SURVIVING SPOUSE to continue 
[during her widowhood] FOR LIFE; or 

(3) If there [be] is no [such widow] surviving SPOUSE, or if 
the [widow] surviving SPOUSE dies [or remarries] before the youngest 
unmarried child of [said] THE deceased member [shall have] HAS either 
attained the age of [eighteen (18) years] 18 or, [in the event said] IF THE 
child is a full-time student, until he [shall have] OR SHE HAS attained the age 
of [twenty-two (22) years] 22, then to [such] that child or children, divided 
in [such] the manner [as] THAT the Board of Trustees in its discretion [shall 
determine] DETERMINES, to continue for the benefit of [such] that child or 
children until the last child marries, dies, or either attains the age of 
[eighteen (18) years] 18, or [in the event he is] IF a full-time student, 
[attains] the age of [twenty-two (22) years] 22; or 

(4) If there [be] is no [widow] surviving SPOUSE or child 
under the [ages] AGE of [eighteen (18) or twenty-two (22) years] 18 OR 22, 
as provided for in subsection (i)(3), [immediately preceding,] surviving 
[such] THE deceased member, then to his OR HER dependent father or 
dependent mother, as the deceased member [shall have] nominated by 



253 



Ord. 98-3 1 9 1 997- 1 998 Session 



written designation, duly acknowledged and filed with the Board of 
Trustees, or if there [be] IS no such nomination, then to his OR her 
dependent father or [to his] dependent mother as the Board of Trustees in its 
discretion [shall direct] DIRECTS, to continue for life; or 

(8) (A) If a surviving spouse's special death benefits 

WERE TERMINATED ON OR BEFORE JUNE 29, 1 998, DUE TO REMARRIAGE, THE 
SURVIVING SPOUSE'S SPECIAL DEATH BENEFITS RESUME AS PROVIDED IN THIS 
PARAGRAPH (8). 

(B) IF DEATH BENEFITS FORMERLY PAID TO A SURVIVING 
SPOUSE ARE BEING PAID TO A DECEASED MEMBER'S MINOR CHILD AS OF JUNE 
29, 1 998, THE SURVIVING SPOUSE WILL RESUME RECEIVING THOSE DEATH 
BENEFITS ON THE EARLIER OF: 

(I) WHEN THE MEMBER'S YOUNGEST MINOR CHILD 
ATTAINS AGE 1 8, IF THE CHILD IS NOT A FULL-TIME STUDENT; 

(II) WHEN THE MEMBER' S YOUNGEST CHILD ATTAINS 
AGE 22, IF THE CHILD IS A FULL-TIME STUDENT; OR 

(HI) WHEN THE MEMBER'S YOUNGEST CHILD 
DISCONTINUES HIS OR HER STATUS AS A FULL-TIME STUDENT, EVEN 
TEMPORARILY, IF THE CHILD IS 1 8 YEARS OLD OR OLDER BUT HAS NOT 
ATTAINED AGE 22. 

(C) If the death benefits formerly paid to a 
surviving spouse are not being paid to a minor child of the deceased 
member as of June 29, 1998, the surviving spouse will resume 

RECEIVING THOSE DEATH BENEFITS AS OF JUNE 30, 1998. 

(1) Pensions offset by compensation benefits. 

[With respect to persons first becoming members of this System 
subsequent to July 1, 1970, any amounts which may be paid or payable by 
the City of Baltimore under the provisions of any workmen's compensation 
or similar law to a member or to the dependents of a member on account of 
any disability or death shall be offset against and payable in lieu of any 
benefits payable out of funds provided by the City of Baltimore under the 
provisions of this subtitle on account of the same disability or death. In case 
the present value of the total commuted benefits under said workmen's 
compensation or similar law is less than the pension reserve on the benefits 
otherwise payable from funds provided by the City of Baltimore under this 



254 



1 997- 1 998 Session Ord. 98-3 1 9 



subtitle, then the present value of the commuted payments shall be deducted 
from the pension reserve and such benefits as may be provided by the 
pension reserve so reduced shall be payable under the provisions of this 
subtitle.] 

(1) Scope of subsection. 

This subsection applies to an employee or the 
beneficiary of an employee who: 

(a) became a member of this system after july 1 , 
1970; 

(b) on account of a disability or death, was 
awarded a benefit paid by the clty under the state workers' 
Compensation Law; and 

(C) on account of the same disability or death, was 
awarded a disability or death benefit from this system. 

(2) Method of offset. 

a member or beneficiary described in paragraph ( 1 ) of 
this subsection (l) shall have the full amount of his or her 
Workers' Compensation benefit offset against any disability or 
death benefit payable from this system until the total amount of 
the Workers' Compensation benefit has been recovered. This offset 
shall be calculated using an actuarial method and appropriate 
annuity factors recommended by the system's actuary and 
approved by the board of trustees. 

(3) Restoration of amount offset. 

On recovery of the full dollar amount of the Workers' 
Compensation benefit through the offset described in paragraph (2) 
of this subsection (l), the reduced disability or death benefit 
payable b¥ to a member or beneficiary of a deceased member of this 
system shall be restored fully, so that: 

(a) reduced benefits paid to a member of this system 
receiving a disability benefit shall be increased to the full 
disability allowance payable to the member pursuant to the 
member's election under subsection (k) of this section; 



255 



Ord. 98-3 1 9 1 997- 1 998 Session 



(b) reduced benefits paid to a beneficiary of a deceased 
member of this system receiving a survivorship allowance of a 
disability benefit shall be increased to the full survivorship 
allowance payable to the beneficiary pursuant to the deceased 
member's election under subsection (k) of this section ; 

(c) reduced benefits paid to a beneficiary of a deceased 
member of this system receiving a death benefit under subsection 
(ii) of this section shall be increased to the full death benefit 
allowance payable to the beneficiary pursuant to the 
beneficiary's election under subsection (h); and 

(d) reduced benefits paid to a beneficiary of a deceased 
member of this system receiving a death benefit under subsection (i) 
of this section shall be increased to the full death benefit 
allowance payable to the beneficiary under subsection (i) 
increased to the full, unreduced amount of the disability or death 
benefit payable to the member or beneficiary, as appropriate . 

(4) Restoration not to include post-retirement increases. 

the amount by which a reduced disability or death 
benefit is increased under paragraph (3) of this subsection (l) may 
not include post-retirement increases on the amount of the 
reduction that the member or the beneficiary of a deceased member 
would have been eligible to receive had his or her disability or 
death benefit not been reduced. 

(4) (5) Transitional rule. 

This system shall restore, as of June 30, 1998, in the 
manner provided for in paragraph (3) of this subsection (l), any 
amount offset against the disability or death benefit of any 
member or beneficiary of a deceased member: 

(a) whose disability or death benefit was reduced by a 
Workers' Compensation benefit arising out of a disability or death 
that occurred before june 30, 1 998; and 

(B) whose Workers' Compensation benefit has been 
determined by the system's actuary to be fully recovered before 
June 30, 1 998, according to the method described in paragraph (2) of 
this subsection (l). 



256 



1 997- 1 998 Session Ord. 98-3 1 9 



36A. Post retirement benefit increases to certain retirees and 
beneficiaries. 

Each retired Member or beneficiary who is receiving periodic benefits 
[pursuant to] under the provisions of the Retirement System [may be] IS 
eligible for an increase in the amount of [such] THOSE periodic benefits, 
subject to the following provisions. 

(a) Eligibility. 

(3) (A) THIS PARAGRAPH (3) APPLIES TO A MEMBER'S SURVIVING 
SPOUSE WHO: 

(I) ON THE MEMBER'S DEATH, WAS AWARDED LINE-OF-DUTY 
DEATH BENEFITS; 

(II) REMARRIED ON OR BEFORE JUNE 29, 1 998, AND, AS A 
RESULT, STOPPED RECEIVING THESE LINE-OF-DUTY DEATH BENEFITS; AND 

(III) PURSUANT TO § 34(l)(8), HAS RESUMED RECEIVING 
THESE LINE-OF-DUTY DEATH BENEFITS EFFECTIVE JUNE 30, 1998. 

(B) A SURVIVING SPOUSE DESCRIBED IN SUBPARAGRAPH (B) (A) 
OF THIS PARAGRAPH (3) SHALL RECEIVE LINE-OF-DUTY DEATH BENEFITS 
CALCULATED TO INCLUDE ALL POST-RETIREMENT INCREASES, IN 
ACCORDANCE WITH THE RATES OR INCREASES SET BY THIS SYSTEM, THAT THE 
SURVIVING SPOUSE WOULD HAVE BEEN ELIGIBLE TO RECEIVE HAD LINE-OF- 
DUTY DEATH BENEFITS NOT BEEN TERMINATED. 

Section 2. And be it further ordained, That, if Bill 98-689 is 
enacted, the Laws of Baltimore City amended by that Bill read as follows: 

Baltimore City Code 

Article 22 - Retirement Systems 

Subtitle - Fire and Police Employees 

32. Service creditable. 

(J) Purchase of non-credited City employment. 
(1) Purchase allowed. 



257 



Ord. 98-3 1 9 1 997- 1 998 Session 



Any member of this system may purchase service credit 
for any regular and permanent employment with the clty of 
Baltimore if: 

(a) the employment did not result in the member's being 
credited for service in any pension or retirement system; and 

(b) had the employment resulted in the member's being 
credited for service in another pension or retirement system, that 
credit would have been otherwise transferable into this system 
under § 32(1) of this article. 

(2) Amount of payment. 

to purchase this service credit, the member must pay an 
amount equal to: 

(a) the product of: 

(i) the member's actual earnable compensation for 
the position for each year or part of a year of employment to be 
purchased, multiplied by 

(ii) this system's member contribution rate in effect 
at the time the employment occurred, plus 

(b) interest on that product calculated at this 
system's annuity savings fund rate in effect at the time that the 
purchased employment occurred to the date the payment for the 
employment is completed. 

(3) Method of payment . 

The amount payable may be made to this system by a 
single payment or by an increased rate of contribution, but 
payment for the employment must be completed before the earlier 

OF: 

(A) 1 YEARS FROM THE DATE THIS SYSTEM RECEIVES THE 
MEMBER'S APPLICATION TO PURCHASE SERVICE; OR 

(B) THE MEMBER'S RETIREMENT DATE. 



258 



1 997- 1 998 Session Ord. 98-319 



(4) Pro rata credit for former employment. 

The purchased employment shall be credited pro rata 
at the time each payment for the service is made. in no event may 
credit for service be granted to a member for purchased 
employment for which payment has not been received by this 
system before the member's retirement date. 

34. Benefits. 

(i) Line-of-duty death benefit. 

(2) Line-of-duty death benefit. 

(A) On the receipt of a written application, proper proof of 
death, and an award by a hearing examiner of a line-of-duty death benefit, 
the Board of Trustees shall pay: 

(i) the member's accumulated contributions: 

1 . to the member's designated beneficiary; 

2. if there is no designated beneficiary, or if the 
designated beneficiary predeceases the member, to the member's surviving 
spouse; 

3. if there is no designated beneficiary and no 
surviving spouse, to the member's children, in equal shares; 

4. if there is no designated beneficiary, surviving 
spouse, or surviving child, to the member's surviving parents, in equal 
snares; and 

5. otherwise, to the member's estate; and 

(ii) a pension of 100% of the member's current 
compensation: 

1. to the member's surviving spouse, to continue for 
life [or until remarriage]; 

2. if there is no surviving spouse or if the surviving 
spouse dies [or remarries], to the member's minor children to be paid to 



259 



Ord. 98-3 1 9 1 997- 1 998 Session 



each child, in equal shares, until that child is no longer minor, as defined in 
§ 47(h) of this article; 

3. if there is no surviving spouse or minor children, to 
either or both of the member's surviving dependent parents who are 
designated beneficiaries, to continue for life, in the percentages designated 
by the member; or 

4. if there is no surviving spouse or minor children 
and if the deceased member did not designate his or her surviving parents as 
beneficiaries, then to his or her dependent mother or father, to continue for 
life, as the Board of Trustees in its discretion directs. 

(E) (i) If a surviving spouse's line-of-duty death benefits 
were terminated on or before june 29, 1 998, due to remarriage, the 
surviving spouse's line-of-duty death benefits resume as provided in 
this subparagraph (e). 

(ii) if line-of-duty death benefits formerly paid to a 
surviving spouse are being paid to a deceased member's minor child 
as of June 29, 1 998, the surviving spouse will resume receiving those 
death benefits when the member's youngest child is no longer a 
minor, as defined in § 47(h) of this article. if the surviving spouse 
resumes the receipt of benefits under this subparagraph (e) on the 
youngest child's having discontinued his or her status as a full- 
time student after attaining age 15 , the surviving spouse shall 
continue receiving that benefit even if that child resumes full-time 
student status. 

(ill) if the line-of-duty death benefits formerly paid 
to a surviving spouse are not being paid to a minor child of the 
deceased member as of june 29, 1 998, the surviving spouse will 
resume receiving those death benefits as of june 30, 1998. 

36A. Post retirement benefit increases to certain retirees and 
beneficiaries. 

Each retired member or beneficiary who is receiving periodic benefits 
Tpursuant tol UNDER the provisions of the Retirement System [may bel IS 
eligible for an increase in the amount of Tsuchl THOSE periodic benefits, 
subject to the following provisions. 



260 



1 997- 1 998 Session Ord. 98-3 1 9 



(a) Eligibility. 

(3) (A) This paragraph (3) applies to a member's surviving 

SPOUSE WHO: 

(I) ON THE MEMBER'S DEATH, WAS AWARDED LINE-OF-DUTY 
DEATH BENEFITS; 

(II) REMARRIED ON OR BEFORE JUNE 29, 1 998, AND, AS A 
RESULT, STOPPED RECEIVING THESE LINE-OF-DUTY DEATH BENEFITS; AND 

(III) PURSUANT TO § 34(I)(2)(E). HAS RESUMED RECEIVING 
THESE LINE-OF-DUTY DEATH BENEFITS EFFECTIVE JUNE 30, 1998. 

(B) A SURVIVING SPOUSE DESCRIBED IN SUBPARAGRAPH (A) OF 
THIS PARAGRAPH (3) SHALL RECEIVE LINE-OF-DUTY DEATH BENEFITS 
CALCULATED TO INCLUDE ALL POST-RETIREMENT INCREASES, IN 
ACCORDANCE WITH THE RATES OR INCREASES SET BY THIS SYSTEM, THAT THE 
SURVIVING SPOUSE WOULD HAVE BEEN ELIGIBLE TO RECEIVE HAD LINE-OF- 
DUTY DEATH BENEFITS NOT BEEN TERMINATED. 

Section 3. And be it further ordained, That, notwithstanding 
Article 22, § 36(h) or any other provision of Article 22 to the contrary, for 
any member in service who is an employee of the Baltimore City Police 
Department or the Baltimore City Fire Department as of June 30, 1998, the 
amount of contributions required under Article 22, § 36(h), shall be reduced 
by an amount equal to $33.40 $28.85 for each payroll period, starting with 
the first payroll date after June 30, 1998, and continuing for the next 25 
payroll periods. The contribution of an employee may not be reduced below 
zero dollars as a result of this reduction. Any reduction in employee 
contributions funded through net unallocated excess earnings shall, for 
benefit purposes, be treated as regular member contributions. Thus, for 
eligible Deferred Retirement Option Plan participants, the Deferred 
Retirement Option Plan Annuity Saving Fund sub-account shall be credited 
as if the full regular member contributions were made by the employee. 
The adjustments to make the Deferred Retirement Option Plan and non- 
Deferred Retirement Option Plan member accounts whole shall be made 
according to a method approved by the Board of Trustees. 

Section 4. And be it further ordained. That, notwithstanding any 
provision of Article 22 to the contrary, any retired member whose 
retirement takes effect on or before June 30, 1998, shall receive a one-time, 
lump-sum payment of $375 from the Fire and Police Employees' 



261 



Ord. 98-319 1 997- 1 998 Session 



Retirement System. In addition, any beneficiary of a deceased member who 
begins receiving a periodic benefit on or before June 30, 1998, shall receive 
a one-time, lump-sum payment of $225 from the System. These lump-sum 
payments shall be made as soon as administratively feasible after June 30, 
1998. 

Section 4 5. And be it further ordained, That retired members 
and beneficiaries of retired members whose retirement benefit was 
actuarially reduced at the time of retirement as a result of the member's 
retiring before July 1, 1986, with 25 years of service but before attaining 
age 50, shall receive an increase in retirement benefits as of June 30, 1998. 
The amount of the increase shall be the amount by which the member's 
retirement benefit was actuarially reduced at the time of retirement. 

Section 5 6. And be it further ordained, That the excess earnings 
as of June 30, 1997, allocated to the Benefit Improvement Fund of the Fire 
and Police Employees' Retirement System shall be applied, as necessary, to 
fund the benefits provided to the Fire and Police Employees' Retirement 
System members under this Ordinance. 

Section 6 7. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 7 8. And be it further ordained, That Sections 1,3, 4,5, 
and 6 of this Ordinance takes effect on the date this Ordinance is enactedr 

Section 5, And be it further ordained. That , except that: 

(a) the repeal of § 34(g)(2) and (3) by Section 1 of this Ordinance 
shall take effect with regard to income earned during the 1997 calendar year 
reporting period; and 

(b) Section 2 of this Ordinance takes effect on the effective date of 

Ordinance 98- {Bill 98-689} or, if later, on the date that this Ordinance 

is enacted. 

Approved June 22, 1998 

Kurt L. Schmoke, Mayor 



262 



1 997- 1 998 Session Ord. 98-320 



City of Baltimore 
Ordinance 98-320 
Council Bill 98-648 

An Ordinance Concerning 

Zoning - Planned Unit Development 

1717-1726 Nome Street, 1708, 1710, 1712 Dundalk Avenue, 

and 6613 Hartwait Street 

For the purpose of approving the application of Holabird Manor, Inc., 
owner of the properties known as 1717-1726 Nome Street, 1708, 1710, 
1712 Dundalk Avenue, and 6613 Hartwait Street, to have the 
properties, consisting altogether of approximately 3.829 acres, more or 
less, designated a Residential Planned Unit Development, in 
accordance with Sections 12.0-1 and 12.0-2 of Article 30 of the 
Baltimore City Code; and approving the Development Plan submitted 
by Holabird Manor, Inc. 

By authority of 

Article 30 - Zoning 

Sections 12.0 and 12.0-2 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

Holabird Manor, Inc. is the fee simple owner of the properties totaling 
3.829 acres, more or less, located, per the attached plat, at 1717-1726 Nome 
Street, 1708, 1710, 1712 Dundalk Avenue, and 6613 Hartwait Street. 

The owner proposes to consolidate these properties and develop a 
Continuing Car e Retirement Center (CCRC) Senior Retirement Community , 
to be known as Holabird Manor CCRC Senior Retirement Community . 

On February 12, 1998, representatives of Holabird Manor, Inc. met with 
the Department of Planning of Baltimore City to hold a pre-petition 
conference to explain the scope and nature of existing and proposed 
development on the properties in order to institute proceedings to have the 
properties designated a Residential Planned Unit Development. 

Holabird Manor, Inc. hereby makes formal application to the City 
Council of Baltimore for designation of the properties as a Planned Unit 



263 



Ord. 98-320 1 997- 1 998 Session 



Development, and submits the requisite Development Plan intended to 
satisfy the requirements specified in Sections 12.0-1 and 12.0-2 of Article 
30 of the Baltimore City Code. 

Holabird Manor, Inc., in requesting the introduction of this bill, 
signifies its intention to implement, execute, substantially complete, and 
maintain the development of the properties in accordance with the 
Development Plan. 

Section 1. Be it ordained by the mayor and city council of 
BALTIMORE, That the Mayor and City Council approves the application of 
Holabird Manor, Inc., fee simple owner of 1717-1726 Nome Street, 1708, 
1710, 1710 Dundalk Avenue, and 6613 Hartwait Street, as outlined on the 
accompanying Development Plan entitled "Holabird Manor CCRC Senior 
Retirement Community ", dated February 12, 1998, to designate the property 
a Residential Planned Unit Development under Article 30, Sections 12.0-1 
and 12.0-2 of the Baltimore City Code. 

Section 2. And be it further ordained, That the Mayor and City 
Council approves the Development Plan submitted by Holabird Manor, Inc., 
is approved , as attached to and made part of this Ordinance, including 
Existing Site Plan (Sheet CI. dated February 18, 1998), Proposed Site Plan 
(Sheet C2, dated as revised March 28, 1998), Proposed Site Plan - 
Landscape (Sheet LSI, dated February 18, 1998), Fence and Sign Details 
(Sheet LS2, dated February 18, 1998), and Elevations (5 sheets, 
unnumbered, all dated February 18, 1998) . 

Section 3. And be it further ordained, That the following uses 
are permitted within the Planned Unit Development: 



(a) Primary uses: 



Maximums: 



Multi-purpose neighborhood center — adult day care 60 persons 
Housing for the elderly 72 dwelling 

units 
Convalescent, nursing, or rest home — 

assisted living facility 90 beds 

Convalescent, nursing, or rest home — 

skilled nursing facility 60 beds 

Staff dwelling units 6 dwelling 

units 



264 



1 997- 1 998 Session Ord. 98-320 



(b) Accessory uses: 



Property management offices 
Wellness clinic 

Recreational services, common kitchen, 
and other related services facilities 



Maximum total 
square footage: 



9500 square feet 



Section 4. And be it further ordained. That the gate design and 
water supply plans must meet the requirements of the Fire Department. 

Section 4 5. And be it further ordained, That phasing of this 
project is not required to be done in a specific order. 

Section 5 6. And be it further ordained, That after the City 
Council passes this Ordinance, the Planning Department makes the 
determination as to what constitutes a minor or major amendment or 
modification to the Plan. Any changes determined to be minor require 
approval by the Planning Commission. Major amendments require 
approval by Ordinance. 

Section 67. And be it further ordained, That after the City 
Council Passes this Ordinance, all plans for construction of permanent 
improvements on the property must be reviewed by the Planning 
Commission to insure that the plans are consistent with the Development 
Plan and this Ordinance. 

Section 7 8. And be it further ordained, That as evidence of the 
authenticity of the accompanying Development Plan and in order to give 
notice to the agencies that administer the City Zoning Ordinance: (i) when 
the City Council passes this Ordinance, the President of the City Council 
shall sign the Development Plan; (ii) when the Mayor approves this 
Ordinance, the Mayor shall sign the Development Plan; and (iii) the 
Director of Finance then shall transmit a copy of this Ordinance and the 
Development Plan to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 



265 



Ord. 98-321 1 997- 1 998 Session 



Section 8 9. And be it further ordained, That this ordinance 
takes effect on the 30 th day after the date it is enacted. 



Approved June 22, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-321 
Council Bill 98-670 

An Ordinance Concerning 

Rezoning — 1215 North Franklintown Road 

For the purpose of changing the zoning for the property known as 1215 
North 

Franklintown Road, as outlined in red on the accompanying plat, from 
the M- 1 Zoning District to the R-6 Zoning District. 

By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheet(s) 43 
Baltimore City Code 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 43 of the Zoning District Maps is amended by 
changing from the M-l Zoning District to the R-6 Zoning District the 
property known as 1215 North Franklintown Road, as outlined in red on the 
plat accompanying this Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 



266 



1 997- 1 998 Session Ord. 98-322 



Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 22, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-322 
Council Bill 97-481 

An Ordinance Concerning 

Urban Renewal — Caton/95 — 
Amendment 3 

For the purpose of amending the Urban Renewal Plan for Caton/95 and its 
Exhibits 1 and 4 the Urban Renewal Plan for Caton/95 to reflect the 
change in zoning for 3140 Washington Boulevard, upon approval by 
separate ordinance; waiving certain content and procedural 
requirements; making the provisions of this Ordinance severable; 
providing for the application of this Ordinance in conjunction with 
certain other ordinances; and providing for a special effective date. 

By authority of 

Article 1 3 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and Supplement) 

Recitals 

The Urban Renewal Plan for Caton/95 was originally approved by the 
Mayor and City Council of Baltimore by Ordinance 81-399 and last 
amended by Ordinance 85-575. 

An amendment to the Urban Renewal Plan for Caton/95 is necessary to 
amend Exhibits 1 and 4 of the Urban Renewal Plan to reflect the change in 
the zoning of 3140 Washington Boulevard, upon approval by separate 
ordinance. Furthermore, the zoning change will remove an existing 
blighting influence in the urban renewal area and facilitate the stabilization 
of moderate-income ownership. 



267 



Ord. 98-322 1 997- 1 998 Session 



Department of Housing and Community Development and to the Planning 
Commission for recommendation and report. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for 
Caton/95 are approved: 

1 . Upon approval of the rezoning of 3140 Washington Boulevard by 
separate ordinance, on page 8 of the Plan, amend paragraph C.6. to read as 
follows: 

6. Zoning 

All appropriate provisions of the Zoning Ordinance of 
Baltimore City shall apply to properties in the Project. 
Existing AND PROPOSED zoning districts are shown on 
Exhibit 4, Zoning Districts. It IS NOT THE INTENT TO 
create nonconforming uses in those areas shown as 
proposed zoning areas on exhibit 4 (3200 washington 
Boulevard and 3010 Patapsco Avenue). 

4- 2. Upon approval of rezoning by separate ordinance, amend Exhibit 1 , 
"Land Use Plan" to reflect the change of zoning from M-2-1 to B-2-1 of the 
parcel known as 3140 Washington Boulevard. 

2 3. Upon approval of rezoning by separate ordinance, amend Exhibit 4, 
"Zoning Districts" to reflect the change of zoning from M-2-1 to B-2-1 of 
the parcel known as 3140 Washington Boulevard. 

Section 2. And be it further ordained, That the Urban Renewal 
Plan for Caton/95, as amended by this Ordinance and identified as "Urban 
Renewal Plan, Caton/95, revised to include Amendment 3, dated June 2, 
1997", is approved. The Clerk of the City Council shall file a copy of the 
amended Urban Renewal Plan with the Department of Legislative 
Reference as a permanent public record, available for public inspection and 
information. 

Section 3. And be it further ordained, That if the amended Urban 
Renewal Plan approved by this Ordinance in any way fails to meet the 
statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 



268 



1 997- 1 998 Session Ord. 98-323 



Section 3. And be it further ordained, That if the amended Urban 
Renewal Plan approved by this Ordinance in any way fails to meet the 
statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 4. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 5. And be it further ordained, That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 

Section 6. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 22, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-323 
Council Bill 97-490 

An Ordinance Concerning 

Rezoning — 1400 Exeter Hall Avenue 

FOR the purpose of changing the zoning for the property known as 1400 
Exeter Hall Avenue, as outlined in red on the accompanying plat, from 
the R-6 Zoning District to the M-l-2 Zoning District. 



269 



Ord. 98-324 1 997- 1 998 Session 



By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheet(s) 36 
Baltimore City Code 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 36 of the Zoning District Maps is amended by 
changing from the R-6 Zoning District to the M-l-2 Zoning District the 
property known as 1400 Exeter Hall Avenue, as outlined in red on the plat 
accompanying this Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 22, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-324 
Council Bill 97-510 

An Ordinance Concerning 

Sale of City Property — 1400 Exeter Hall Avenue 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to 
sell , subject to a certain condition , at either public or private sale, all its 
interest in certain property that is located at 1400 Exeter Hall Avenue 
and is no longer needed for public use; and providing for a special 
effective date. 



270 



1 997- 1 998 Session Ord. 98-325 



By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the Comptroller of Baltimore City may sell, at either public or private sale, 
all the interest of the Mayor and City Council of Baltimore in the property 
located at 1400 Exeter Hall Avenue, Baltimore, Maryland, and more 
particularly described as 1400 Exeter Hall Avenue, containing 1 8 3,388 
200,376 square feet, more or less, of unimproved land, this property being 
no longer needed for public use , subject to the condition that the applicant 
must construct an access driveway for the Coldstream Park Elementary 
School to replace the existing driveway that is currently shared by 
Coldstream Park Elementary School and Kirk Field . 

Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 22, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-325 
Council Bill 97-582 

An Ordinance Concerning 



Zoning — Conditional Use Open Off-Street Parking Area — 
3205-3207 West North Avenue 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of an open off-street parking 
area, other than accessory, for the parking of four or more automobiles 
on the properties known as 3205-3207 West North Avenue, as outlined 
in red on the accompanying plat. 



271 



Ord. 98-326 1 997- 1 998 Session 



By authority of 

Article 30 - Zoning 

Section(s) 4.7-ld-4 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an open off-street parking area, other than 
accessory, for the parking of four or more automobiles on the properties 
known as 3205-3207 West North Avenue, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 4.7-ld-4 
and 1 1 .0-6d of the Baltimore City Code, subject to the condition that the 
parking area complies withi 

1 . the site plan, as approved by the Planning Commission; and 

2. all applicable federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 22, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-326 
Council Bill 98-602 

An Ordinance Concerning 

272 



1 997- 1 998 Session Ord. 98-326 



Environmental Control Board 

FOR the purpose of establishing an Environmental Control Board for the 
City of Baltimore; providing for its composition, staff, powers, and 
duties; providing for the issuance, service, and civil enforcement of 
environmental citations; specifying the violations for which these 
citations may be issued and the amount of the prepayable fine 
applicable to each violation; defining certain terms; and generally 
relating to the enforcement of certain sanitation, environmental, health, 
and safety laws. 

BY adding 

Article 1 - Mayor, City Council, and Municipal Agencies 
Section(s) 295 through 308, inclusive, to be under the new subtitle 

"Environmental Control Board" 
Baltimore City Code 
(1983 Replacement Volume and 1996 Supplement) 

By repealing 

Article 19 - Police Ordinances 
Section(s) 145 
Baltimore City Code 

(1983 Replacement Volume and 1996 Supplement) 
(As last amended by Ordinance 97-155 , Ordinance 98-263, and 
Ordinance 98- ( Bill 98-679 ) ) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Environmental Control Board 

295. Definitions. 

(a) In General. 

In this subtitle, the following words have the meanings 
indicated. 



273 



Ord. 98-326 1997-1998 Session 



(b) Board. 

"Board" means the Environmental Control Board of 
Baltimore City. 

(c) Director. 

"Director" means the Executive Director of the 
Environmental Control Board of Baltimore City. 

(d) Environmental citation. 

"Environmental citation" means a prepayable citation for 
violation of any provision of law or regulation under the 
jurisdiction of the board. 

(e) Person. 
"Person" means: 

(1) an individual; 

(2) a receiver, trustee, guardian, personal 
representative, fiduciary, or representative of any 

KIND; AND 

(3) a partnership, firm, association, corporation, 
governmental agency, or other entity of any kind. 

296. Board established. 

(a) in general. 

The Environmental Control Board of Baltimore City is 
established as an independent agency of city government. 

(b) Composition. 

( 1 ) The Board comprises 1 3 members. 

(2) 2 6 are the following ex officio members, or their 
respective designees: 



274 



1 997- 1 998 Session Ord. 98-326 

(i) the City Solicitor, who serves as Chair; 

(b) (i) the Commissioner of Health; 

(st> (n) Theihe Commissioner of Housing and 
Community Development; 

(jv) (in} the Police Commissioner; 

(v4 (rv) the Fire Chief; 

(v^ (vl the Director of Public Works; and 

{vb4 (vi) the Director of Planning a member of the 
City Council, to be appointed by the President of 
the City Council . 

(3)67 members are appointed by the Mayor in accordance 
with Article IV, § 6 of the City Charter. 

(O Qualifications of appointed members. 

Of the members appointed under subsection (b)(3) of this 
section: 

( 1 ) there must be at least 1 member with expertise in 
each of the following areas: 

(1)2 members must be appointed from the general 
public; and 

(2) 5 members must be appointed with at least 1 
designated as having expertise in each of the 
following areas: 

(i) real estate; 

(ii) in small business; 

(iii) air or noise pollution; 

(iv) water pollution; 



275 



Ord. 98-326 1 997- 1 998 Session 

(V) SOLID WASTE^\ND 
(2) 1 MUST BE APPOINTED FROM THE GENERAL PUBLIC . 

(p) Chair. 

The Chair of the Board is appointed by the Mayor from 
among the members. 

(©) (e) Compensation. 

The members appointed under subsection (b)(3) of this 
section: 

( 1 ) are not entitled to compensation; but 

(2) are entitled to reimbursement for expenses incurred 
as provided in the ordinance of estimates. 

297. General Board functions. 

(a) Hearings. 

The Board is responsible to provide for hearing officers or 
panels of Board members to conduct hearings on contested 
environmental citations. 

(b) Appeals. 

The Board is responsible to provide for an opportunity to 
appeal to the board or to a panel of the board from the 
decision of a hearing officer. 

(c) Collections. 

With the assistance of its Executive Director and staff, the 
Board is responsible for: 

( 1 ) all actions necessary or appropriate to collect 

FINES IMPOSED UNDER THIS SUBTITLE; AND 

(2) ALL BOOKKEEPING, ACCOUNTING, AND REVENUE 
RECONCILIATIONS. 



276 



1 997- 1 998 Session Ord. 98-326 



298. Executive Director; staff. 

(a) Director. 

( 1 ) The Executive Director of the Board is appointed by the 
Mayor in accordance with Article IV, § 6 of the City 
Charter. 

(2) The Executive Director must be a lawyer with expertise 
in administrative proceedings. 

(£) (2) The Executive Director is entitled to the 

Compensation provided in the Ordinance of Estimates. 

(b) Staff. 

The Executive Director may appoint the assistants, hearing 
officers, and other employees needed to properly perform 
the work of the board, as provided in the ordinance of 
Estimates. 

299. General jurisdiction of Board. 

The Board has full authority to enforce, in accordance with 
the provisions of this subtitle, the sanitation, environmental, 
health, safety, and other quality-of-life provisions of law 
listed in § 308 of this subtitle, including any rules and 
regulations adopted under them. 

300. Rulemaking authority. 

(A) IN GENERAL. 

The Board must adopt and, from time to time, may amend 
rules and regulations necessary or appropriate to carry 
out its powers and duties under this subtitle. 

(b) Matters included. 

These rules and regulations must include: 

( 1 ) procedures for the issuance and enforcement of 
environmental citations for violations of the laws, 



277 



Ord. 98-326 1 997- 1 998 Session 



RULES, AND REGULATIONS SUBJECT TO THE BOARD'S 
JURISDICTION; 

(2) PROCEDURES FOR THE ADJUDICATION OF THESE VIOLATIONS, 
INCLUDINGr 

£) THE CONDUCT OF HEARINGS AND APPEALS BY 

hearing officers, panels of the board, or the 
full Board; and 

(ii) the issuance of subpoenas to compel the 
attendance of witnesses and the production 
of documents; 

(3) procedures for enforcement of any abatement 

order that is contained in a citation or made part of 
an order or decision of a hearing officer, panel of 
the Board, or the full Boards 

(4 ) rules to authorize the performance of community 
service by respondents unable to pay a required 
fine, or in other approprl\te instances, and 
providing for the imposition of penalties for failure 
to comply . 

301. Environmental Citations. 

(a) Board to prescribe. 

The Board must prescribe the form and wording of 
environmental citations. 

(b) Required contents. 

In addition to any other matters that the Board prescribes, 
an environmental citation must include: 

( 1 ) the violation with which the person is cited, 
including a reference to the specific law in question; 

(2) the manner and time in which the person must either: 



278 



1 997- 1 998 Session Ord. 98-326 



(I) PAY THE PREPAYABLE FINE PRESCRIBED FOR THE 
VIOLATION; OR 

(II) REQUEST A HEARING ON THE VIOLATION; 

(3) THE TIME WITHIN WHICH THE VIOLATION, IF ONGOING, MUST 
BE ABATED; AND 

(4) A NOTICE THAT FAILURE TO ACT IN THE MANNER AND TIME 
STATED IN THE CITATION MAY RESULT IN A DEFAULT 
DECISION AND ORDER ENTERED AGAINST THE PERSON. 

(c) Service of Citations. 

An environmental citation must be: 

( 1 ) issued by a Sanitary Enforcement Officer or other 
City employee who has been authorized to act as a 
Special Enforcement Officer under Article 19, § 144 
of the City Code; and 

(2) served on the person cited in person or by certified 

MAIL. 

(d) Tenor of citation. 

When issued and served , the citation or a copy of it: 

( 1 ) constitutes full and complete notice of the 
violation cited in it; 

(2) if abatement is ordered, constitutes a full and 
complete notice of the order of abatement; and 

(3) if sworn to or affirmed, is prima facie evidence of 
the facts contained in it. 

(e) Record of citation to be kept. 

The original or a copy of the citation must be filed and 
retained in the records of the board. 



279 



Ord. 98-326 1997-1998 Session 

302. Default by person cited. 

(a) Failure to respond constitutes admission of liability. 

Any person cited under an environmental citation is 
conclusively considered to have admitted liability for the 
violation cited and responsibility for abating the violation 
if, within the time allowed by the rules of the board, the 

PERSON: 

( 1 ) NEITHER PAYS THE PRESCRIBED PREPAYABLE FINE NOR 
REQUESTS A HEARING ON THE VIOLATION; OR 

(2) having requested a hearing, fails to appear on a 
designated hearing date. 

(b) Board order; default penalty. 

Under either of the circumstances described in subsection 
(a) of this section, the board may: 

( 1 ) render a default decision and order against the 
person cited; and 

(2) impose a civil penalty in any amount tha t, based on 
relevant standards to be set by board regulation 
(e.g.. nature and severity of underlying violation, 
history of past violations. mitigating or 
aggravating circumstances). is: 

(i) no less than the amount of the prepayable fine 
specified for the violation in question; and 

(ii) no more than 5 the lesser of: 

1. $1.000: or 

2. 3 TIMES THE PREPAYABLE FINE SPECIFIED 

FOR THE VIOLATION IN QUESTION. 



280 



1 997- 1 998 Session Ord. 98-326 



(c) Notice OF DEFAULT ORDER. 

Before an order based on a default becomes final, the 
Board must notify the respondent, by first-class mail, of: 

( 1 ) the default decision and order; 

(2) the amount of the all penalties imposed; and 

(3) the right of the respondent, within 30 days of the 
notice, to avoid a final judgment and collection 
proceedings by requesting a stay of default for 
good cause shown and a hearing on the request. 

303. Adjudications. 

(a) in general. 

The Board, acting by or through its hearing officers, 
panels of the board, and other authorized agents: 

( 1 ) must conduct hearings and other proceedings for 
adjudicating violations of the laws, rules, and 
regulations enforced by it; and 

(2) has full authority to render decisions and orders, 
as well as impose the civil penalties provided by law 
for those violations. 

(b) unappealed decision of hearing officer or panel. 

Unless otherwise specified by the Board, every decision of a 
hearing officer or panel of the board from which no timely 
appeal is taken to the board constitutes a binding, 
enforceable final decision of the board. 

304. Judicial Review. 

Any person who, after having exhausted all administrative 
remedies available, is aggrieved by a final decision of the 
Board may appeal that decision to the Circuit Court for 
Baltimore City within the time and in the manner provided in 
the Maryland Rules. 



281 



Ord. 98-326 1 997- 1 998 Session 

305. Enforcement of Board orders. 

(a) Penalty as debt and lien. 

Any civil penalty imposed on a person by the Board, 
whether on hearing, on default, or otherwise: 

( 1 ) is a personal debt owed by that person to the clty; 

AND 

(2) if the offense involves real property owned by that 
person, creates a lien on that property in favor of 
the City. 

(b) Collection of penalties and liens. 

All penalties and liens incurred under this subtitle: 

( 1 ) are collectible from and enforceable against any 
of the assets of the person who incurred the 
penalty; and 

(2) may be collected and enforced in the same way that 
the City collects and enforces other debts due to it 
or LIENS in its favor. 

(c) Priority over other liens and encumbrances. 

All penalties and liens incurred under this subtitle have 
priority over all other liens and encumbrances, except 
taxes or other government assessments. 

306. Judicial assistance in enforcement. 

The Board may apply to a court of competent jurisdiction for 
enforcement of any decision, order, or subpoena issued by the 
Board. 

307. Subtitle not exclusive. 

The issuance of an environmental citation does not preclude 
pursuit of any other remedy or enforcement action authorized 

BY LAW. 



282 



1 997- 1 998 Session Ord. 98-326 

308. Violations to which subtitle applies. 

(a) In General. 

The jurisdiction and authority of the Board extends to 
each of the provisions of the baltimore clty code that are 
specified in subsection (e) of this section, as those provisions 

MAY BE AMENDED FROM TIME TO TIME, INCLUDING ANY RULES AND 
REGULATIONS ADOPTED UNDER THEM FROM TIME TO TIME. 

(b) Prepayable fines. 

( 1 ) The basic prepayable civil fine for violation of a 
provision is as specified next to the listing of that 
provision in subsection (e) of this section. 

(2) The basic prepayable fine is doubled, however, on any 
environmental citation that is issued to a person if, 
within the past 1 2 months: 

(i) a final order of the board, whether issued on 
hearing, on default, or otherwise, imposed a 
penalty on that person for a violation of the 
same provision; or 

(n) that person prepaid an environmental citation 
for a violation of the same provision. 

(c) Continuing violations. 

( 1 ) IF A PROVISION OF LAW PROVIDES THAT THE CONTINUATION OR 
RECURRENCE OF A VIOLATION CONSTITUTES A SEPARATE 
OFFENSE, A SEPARATE ENVIRONMENTAL CITATION MAY BE 
ISSUED FOR EACH SEPARATE OFFENSE. 

(2) THE PAYMENT OF A PENALTY UNDER THIS SUBTITLE DOES NOT 
RELIEVE THE OFFENDER OF THE DUTY TO FULLY ABATE AND 
CORRECT ANY CONTINUING VIOLATION OR OTHER UNLAWFUL 
ACT. 



283 



ORD. 98-326 



1997-1998 Session 



(d) Prior notice not required. 

Notwithstanding any other provision of the City Code to 
the contrary, notice need not be given before issuance and 
enforcement of an environmental citation for any of the 
provisions listed in subsection (e) of this section. 



(e) Provisions and penalties enumerated. 

(1) Article 9. Fire Prevention Code 
§ F- 1 1 0. 1 . Unsafe conditions 
§F-601.8. Overcrowding 

1-99 people over capacity 
1 00- 1 99 people over capacity 

200 OR MORE PEOPLE OVER CAPACITY 

§ F-608. 1 Egress Doors — Open able 

(2) Article 11. Health 



§ 7. Air pollution — 

emission of noxious gas, etc. 

§ 19. AIR POLLUTION — OPEN burning 

§ 27. Animal control — Dog licenses 

§ 28. Animal control — permits for kennel, 
clinic, shelter, etc. 

§ 30. Animal control — restraint and 
control of animals 

§32. Animal control — animal care 

— generally 

— dogfights 



$100 

$100 
$250 
$500 
$250 

$100 
$100 

$ 25 

$100 

$100 

$100 
$500 



284 



1 997- 1 998 Session Ord. 98-326 



§ 33. Animal control — keeping of wild or 

dangerous animals $ 1 00 

§34. Animal control — 

performing animal exhibitions $ 1 00 

§35. Animal control — rabies $ 50 

§36. Animal control — removal of 

animal waste $100 

§ 40. Animal disturbing the peace $ 1 00 

§ 58. Food products — adulterants on 

premises $100 

§ 59. Food products — unwholesome food 

on premises $100 

§ 67. Frozen foods — advertisement and 

SALE REGULATED $ 1 00 

§ 72. Lead paint — warning statement 

required $100 

§ 102. Nuisances and the prevention of 

disease — failure to abate $ 1 00 

§ 147. Nuisances and the prevention of 

disease — Emission of dust or fly ash $ 1 00 

§165. Food operation permits and inspections $ 1 00 

§ 1 80. Radiation — non-conforming equipment $ 1 00 

§216. Tattooing $100 

§ 222. Waste disposal $200 

§ 235. Noise control — maximum permissible 

SOUND LEVELS $100 



285 



Ord. 98-326 1 997- 1 998 Session 

§ 236. Noise control — deviations from 

maximum permissible sound levels $ 1 00 

§ 247. Public swimming pools — licenses $200 

§ 264. Litter control $ 50 

§ 267 . Solid waste collection — permits $ 1 00 

§ 269. Solid waste collection — responsibilities 

of collectors $100 

(3) Article 19. Police Ordinances 

§ 4. Baby chicks — sales at Easter $ 1 00 

§ 1 2. Cruelty to animals — abandonment of 

animal $100 

§13. Cruelty to animals — neglect $ 1 00 

§ 14. Cruelty to animals - abuse $200 

§ 20. Drinking in public places $ 50 

§28A. Vehicle alarms $100 

§ 32. Horses — inspection, care and treatment $200 

§127. Rabbits — importation and sale $ 1 00 

§ 157. Obstructions $ 50 

§ 158. Merchandise projecting from building $ 50 

§ 160. Vehicles on sidewalks $ 50 

§ 1 7 1 A. Urinating and defecating § 1 00 

§ 1 72. Rubbish — unlawful to discard $ 50 

§ 1 74. Truck peddler — trash receptacles 

required $100 

286 



1997-1998 Session Ord. 98-326 

§ 177. Snow — cleaning required $ 50 

§ 198 A. Resale of tickets near sports 

facilities $ 50 

§221. Noise for entertainment purposes $ 50 

§222. Commercial advertising — noise $ 50 

§ 228. Market Center — electronically 
amplified sounds containing 
commercial speech $ 50 

§ 229. Market Center — Electronically 
amplified sounds not containing 
commercial speech $ 50 

(4) Article 23. Sanitation 

§ 3. Garbage and mixed refuse; receptacles $ 50 

§ 4. Garbage and mixed refuse; handling $ 50 

§ 8. Receptacles on collection days $ 50 

§ 13. Refuse; unlawful to leave $ 50 

(5) Article 30. Zoning Code 

§ 4.0- Id. Residence Districts — prohibited uses; 
outdoor storage or maintenance of 
certain vehicles $ 50 

§ 5.0- Id. Office-Residence District — prohibited 
uses; outdoor storage or maintenance 
of certain vehicles $ 50 

§ 6.0-Id. Business Districts — prohibited uses; 
storage or maintenance of certain 
vehicles $ 50 



287 



Ord. 98-327 1 997- 1 998 Session 



§ 11.0-2d. use of land or structure without 
proper occupancy certificate or 
use permit $500 

(6) Article 32. Building Code 

§ 3409. 1.11. Ratproohng $ 25 

§3409.2 -.4. Sanitary maintenance — 

General; Exteriors; Interiors $ 50 

§3409.5. Sanitary Maintenance — 

responsibilities of occupants 

Residential properties $ 50 

Commercial properties $ 1 00 

Section 2. And be it further ordained, That Article 1 9, § 1 45 of 
the Baltimore City Code (as last amended by Ordinance 97-155 , Ordinance 
98-263, and Ordinance 98- (Bill 98-6791) is repealed. 

Section 3. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 4. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 22, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-327 
Council Bill 98-635 

An Ordinance Concerning 

Urban Renewal — South Baltimore Business Area 

FOR the purpose of readopting, with amendments, as a "Renewal Area", an 
area situated in Baltimore City, Maryland, known as the South 



288 



1 997- 1 998 Session Ord. 98-327 



Baltimore Business Area, bounded generally by Henrietta Street on the 
north, Vanhorns Court and Wall Street on the east, Ostend Street on the 
south, and Olive Street on the west; approving a Renewal Plan for the 
South Baltimore Business Area; establishing permitted land uses; 
authorizing the acquisition of certain property by purchase or 
condemnation for urban renewal purposes; approving certain 
regulations, controls, and restrictions applicable to all property in the 
South Baltimore Business Area; providing for the review by the 
Department of Housing and Community Development of all plans for 
new construction or exterior rehabilitation of properties; providing a 
penalty for violation of rehabilitation standards; requiring the 
Department of Housing and Community Development, on the sale of 
any property, to obtain a written agreement that the developer will not 
discriminate against any person on the basis of race, religion, national 
origin, sex, or color in the sale, lease, use, or occupancy of the property; 
waiving certain content and procedural requirements; making the 
provisions of this Ordinance severable; providing for the application of 
this Ordinance in conjunction with certain other ordinances; and 
providing for a special effective date. 

BY authority of 

Article 13 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The first Urban Renewal Plan for the South Baltimore Business Area, 
approved by the Mayor and City Council of Baltimore by Ordinance 75- 
930, was established for a period of not less than 20 years. 

It is necessary to readopt this Urban Renewal Plan, with amendments, 
to continue the rehabilitation of the area under the auspices of the plan. 

The basic goals of the City of Baltimore for the South Baltimore 
Business Area are to bring about a general physical improvement in the 
South Baltimore Business Area through the rehabilitation of existing 
buildings, to eliminate deterioration and blight by repairing or replacing 
exterior surfaces, to increase the economic viability of the area through the 
increased health, safety, and attractiveness of commercial properties, to 
encourage harmonious redevelopment throughout the area, and to provide 



289 



Ord. 98-327 1 997- 1 998 Session 



for a process of review of all plans for properties in the South Baltimore 
Business Area to insure harmonious and orderly rehabilitation and 
development. 

In accordance with the provisions of Article 1 3 of the Baltimore City 
Code and the goals as set out in this Ordinance, the South Baltimore 
Business Area has been found to be in need of undertakings and activities 
for the correction or the prevention of the development or spread of slums, 
blight, or deterioration. 

In accordance with the provisions of Section 25(h) of Article 13 of the 
Baltimore City Code, when a Councilmember initiates a proposal for a 
renewal plan, the bill must be sent to the Department of Housing and 
Community Development and the Planning Commission for 
recommendation and report. 

The Renewal Plan for the South Baltimore Business Area must be 
reviewed by the Director of the Department of Planning with respect to its 
conformity with the Master Plan, the detailed location of any public 
improvements proposed in the Renewal Plan, its conformity to the rules and 
regulations for subdivisions, and all zoning changes proposed in the 
Renewal Plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is determined that the area known as the South 
Baltimore Business Area, as more particularly described below, may be 
benefitted through the exercise of the functions and powers vested in the 
Department of Housing and Community Development: 

Beginning at the point formed by the intersection of the northern right- 
of-way line of East Ostend Street and the eastern right-of-way line of 
Light Street; thence running in an easterly direction and binding on the 
northern right-of-way line of said Ostend Street to a point of 
intersection with the western right-of-way line of Wall Street; thence 
running in a northerly direction and binding on the western right-of-way 
line of said Wall Street to a point of intersection with the southern right- 
of-way line of East West Street; thence running in a westerly direction 
and binding on the southern right-of-way line of said East West Street 
to a point of intersection with an extended straight line of the 
westernmost boundary of Lot 52A, Block 951 ; thence running in a 
northerly direction crossing said East West Street and binding on the 
westernmost boundary of said Lot 52A to a point of intersection with 
the southern boundary of lot 46/47, Block 95 1 ; thence running in an 



290 



1 997- 1 998 Session Ord. 98-327 



easterly direction to a point of intersection with the eastern boundary of 
said Lot 46/47; thence running in a northerly direction and continuing 
on an extended straight line crossing Weber Street to a point of 
intersection with an extended straight line from the northern right-of- 
way line of said Weber Street; thence running in an easterly direction 
and binding on said extended straight line and the northern right-of-way 
line of said Weber Street to a point of intersection with the eastern 
boundary of Lot 53/58, Block 951; thence running in a northerly 
direction and binding on the eastern boundary of said Lot 53/58 to a 
point of intersection with the northern boundary of said Lot 53/58; 
thence running in a westerly direction and binding on the northern 
boundary of said Lot 53/58, continuing in a straight line to a point of 
intersection with the eastern boundary of Lot 26, Block 95 1 ; thence 
running in a northerly direction and binding on the eastern boundary of 
said Lot 26 to a point of intersection with the southern boundary of Lot 
25, Block 951 ; thence running in an easterly direction and binding on 
the southern boundary of said Lot 25, continuing in a straight line to a 
point of intersection with the southeastern most point of Lot 23, Block 
95 1 ; thence running in a northerly direction and binding on a line 
parallel to the western boundary of said Lot 23 to a point of intersection 
with a straight line formed by the southern boundaries of Lot 21, 22 and 
a portion of 23, Block 951 ; thence running in an easterly direction and 
binding on said straight line to a point of intersection with the eastern 
boundary of Lot 21 , Block 95 1 ; thence running in a northerly direction 
and binding on the eastern boundary of said Lot 21 to a point of 
intersection with the southern right-of-way line of East Cross Street; 
thence running in a westerly direction and binding on the southern 
right-of-way line of said East Cross Street to a point of intersection with 
the eastern right-of-way line of Light Street; thence running in a 
northerly direction crossing East Cross Street and binding on the 
eastern right-of-way line of said Light Street to a point of intersection 
with the southern boundary of Lot 71/131, Block 936; thence running in 
an easterly direction and binding on the southern boundary of said Lot 
71/131 to a point of intersection with the eastern boundary of Lot 
71/131; thence running in a northerly direction and binding on the 
eastern boundary of Lot 71/131 to a point of intersection with the 
southern boundary of Lot 70, Block 936; thence running in an easterly 
direction and binding on the southern boundary of said Lot 70 to a point 
of intersection with the eastern boundary of Lot 70; thence running in a 
northerly direction and binding on the eastern boundaries of Lots 70 
and 69, Block 936, to a point of intersection with the northern boundary 
of said Lot 69; thence running in a westerly direction and binding on 
the northern boundary of Lot 69 to a point of intersection with the 



291 



Ord. 98-327 1 997- 1 998 Session 



eastern right-of-way line of VanHorns Court; thence running in a 
northerly direction and binding on the eastern right-of-way line of said 
VanHorns Court to a point of intersection with the southern right-of 
way line of East Hamburg Street, continuing in a straight line crossing 
said East Hamburg Street to a point of intersection with the northern 
right-of-way line of East Hamburg Street; thence running in a westerly 
direction and binding on the northern right-of-way line of East 
Hamburg Street, crossing the first four foot alley to a point of 
intersection with the western right-of-way line of said four foot alley; 
thence running in a northerly direction and binding on the eastern right- 
of-way line of the four foot alley to a point of intersection with the 
southeastern most point of Lot 27, block 919, then continuing in a 
straight line and binding on the eastern boundaries of Lots 27 and 28, 
Block 919 to a point of intersection with the southern right-of-way line 
of East Wheeling Street continuing on an extended straight line 
crossing said East Wheeling Street to a point of intersection with the 
northern right-of way line of East Wheeling Street; thence running in a 
westerly direction and binding on the northern right-of-way line of East 
Wheeling Street to a point of intersection with the eastern boundary of 
Lot 29, Block 919; thence running in a northerly direction and binding 
on the eastern boundary of said Lot 29 to a point of intersection with the 
southern right-of-way line of Warren Avenue; thence running in a 
westerly direction and binding on the southern right-of-way line of said 
Warren Avenue to a point of intersection with the eastern right-of-way 
line of Light Street; thence running in a northerly direction and binding 
on an extended straight line of the eastern right-of-way line of said 
Light Street to a point of intersection with an extended straight line of 
the southern right-of-way line of East Henrietta Street; thence running 
in a westerly direction and binding on said extended straight line 
crossing Light Street, continuing said southern right-of-way line of East 
Henrietta Street, crossing a ten foot alley, Harden Court and Charles 
Street to a point of intersection with the a line formed by the 
intersection of a point 65' 9" west of the intersection of the northern and 
eastern boundary lines of lot 26/28 and a point 35 '6 1/2" west of the 
intersection of the southern and eastern boundary lines of lot 26/28, 
Block 917; thence running in a southerly direction and binding on said 
line to a point of intersection with a point 35 '6 1/2" west of the 
intersection of the eastern and southern boundary lines of lot 26/28, 
Block 917; thence running in a westerly direction and binding on the 
southern boundary of Lots 26/28, Block 917, to a point of intersection 
with the eastern boundary line of Lot 29/30, Block 917; thence running 
in a southerly direction and binding on said eastern boundary line of lot 
29/30 to a point of intersection with the northern right-of-way line of 



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West Wheeling Street, continuing in a straight line and crossing said 
West Wheeling Street to a point of intersection with the southern right- 
of-way line of West Wheeling Street; thence running in a westerly 
direction and binding on the eastern right-of-way line of Olive Street; 
thence running in a southerly direction crossing a two foot alley to a 
point of intersection with the northern right-of-way line of Kronmillers 
Court; thence running in an easterly direction to a point of intersection 
with an extended straight line of the western boundary of Lot 3, Bloc 
917; thence running in a southerly direction and binding on said 
extended straight line crossing Kronmillers Court and continuing on the 
western boundary of said Lot 3 to a point of intersection with the 
northern right-of-way line of West Hamburg Street; thence running in 
an easterly direction and binding on the northern right-of-way line of 
said West Hamburg Street, crossing a three foot alley to a point of 
intersection with an extended straight line of the eastern right-of-way 
line of Olive Street; thence running in a southerly direction and binding 
on said extended straight line crossing Hamburg Street, continuing on 
the eastern right-of-way line of said Olive Street, crossing West Cross 
Street to a point of intersection with a point 27 'east of the westernmost 
boundary of Lot 10/13, Block 949; thence running in a westerly 
direction and binding on a line formed by the intersection of an 
extended straight line of the northern property boundary of Lot 34, 
Block 949; and the westernmost property boundary of Lot 10/13, Block 
949;thence binding in a southerly direction along the westernmost 
boundary of Lot 10/13, Block 949; to a point of intersection with the 
eastern right-of-way line of Olive Street; thence running in a southerly 
direction and binding on the eastern right-of-way line of said Olive 
Street crossing a four foot alley to a point of intersection with the 
northern boundary of Lot 48/52, Block 949; thence running in an 
easterly direction and binding on the northern boundary of said Lot 
48/52 to a point of intersection with the western boundary of Lot 4, 
Block 949; thence running in a southerly direction and binding on the 
western boundary of said Lot 4 to a point of intersection with the 
northern boundary of Lot 3, Block 949; thence running in a westerly 
direction and binding on the northern boundary of said Lot 3 and 
continuing in a straight line across the northern boundary of a three 
foot, seven inch alley to a point of intersection with the western right- 
of-way line of said three foot, seven inch alley; thence running in a 
southerly direction and binding on the western right-of-way line of said 
three foot, seven inch alley to a point of intersection with the northern 
right-of-way line of West West Street continuing in a straight line 
crossing said West West Street to a point of intersection with the 
southern right-of-way line of West West Street; thence running in a 



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westerly direction and binding on the southern right-of-way line of 
West West Street to a point of intersection with the eastern right-of-way 
line of Goodman Alley; thence running in a southerly direction and 
binding on the eastern right-of-way line of said Goodman Alley to a 
point of intersection with the northern right-of-way line of Ropewalk 
Lane, continuing in a straight line crossing said Ropewalk Lane to a 
point of intersection with the southern right-of-way line of Ropewalk 
Lane; thence running in a westerly direction and binding on the 
southern right of way line of Ropewalk Lane to a point of intersection 
with the eastern right-of-way line of Goodman Alley; thence running in 
a southerly direction and binding on the eastern right-of-way line of 
said Goodman Alley to a point of intersection with the northern right- 
of-way line of a two foot alley-, thence running in an easterly direction 
and binding on the northern right-of-way line of said two foot alley to a 
point of intersection with the eastern right-of-way line of a three foot 
alley; thence running in a southerly direction and binding on the eastern 
right-of-way line of said three foot alley to a point of intersection with 
the northern right-of-way line of West Ostend Street; thence running in 
an easterly direction and binding on the northern right-of-way line of 
said West Ostend Street crossing South Charles Street, Patapsco Street, 
Marshall Street and Light Street to a point of intersection with the 
eastern right-of-way line of said Light Street; thence running in a 
southerly direction and binding on the southern right-of-way line of 
Light Street to the point of beginning. 

Section 2. And be it further ordained, That the Urban Renewal 
Plan identified as "Urban Renewal Plan, South Baltimore Business Area", 
dated February 23, 1998, is approved. The Clerk of the City Council shall 
file a copy of the Urban Renewal Plan with the Department of Legislative 
Reference as a permanent public record, available for public inspection and 
information. 

Section 3. And be it further ordained, That only the use 
categories shown on the Land Use Plan, Exhibit 1 of the Plan, are permitted 
within the project area. These are Residential, Community Business, and 
Community Commercial. Accessory uses, including landscaping and off- 
street parking and loading, will be permitted. In addition, certain uses will 
be permitted to continue subject to the provisions governing non- 
conforming and non-complying uses set forth in subsections e d. and #e. of 
this section. 



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1 997- 1 998 Session Ord. 98-327 



a. Residential 

Residential uses are limited to those uses permitted under the R-8 
category of the Zoning Ordinance of Baltimore City, except for: 
fraternity and sorority houses; rooming and boarding houses for 
three or more roomers; homes for the rehabilitation of non- 
bedridden alcoholic persons and for the care and custody of 
homeless persons; drug abuse rehabilitation and treatment centers; 
community correction centers. 

b. Community Business 

In the area designated as Community Business on the Land Use 
Plan, uses are limited to those uses permitted under the B-2 
category of the Zoning Ordinance of Baltimore City, except for 
poultry and rabbit killing establishments; fraternity and sorority 
houses; rooming and boarding houses for more than three roomers, 
homes for the rehabilitation of non-bedridden alcoholic persons and 
for the care and custody of homeless persons; drug abuse 
rehabilitation and treatment centers; community correction centers; 
auditoriums and concert halls; dance halls; meeting and banquet 
halls. 

c. Community Commercial 

In the area designated as Community Commercial on the Land Use 
Plan, the uses permitted are those uses permitted under the B-3 
category of the Zoning Ordinance of Baltimore City, except for 
homes for the rehabilitation of non-bedridden alcoholic persons and 
for the care and custody of homeless persons; drug abuse 
rehabilitation and treatment centers; community correction centers; 
auditoriums and concert halls; dance halls; meeting and banquet 
halls; taverns- including live entertainment and dancing; 
restaurants-including live entertainment and dancing. 

d. Non-Conforming 

A non-conforming use is any lawfully existing use of a building, 
structure, or of land that does not conform to the applicable use 
regulations of the district in which it is located, according to Article 
30 of the Baltimore City Code, titled "Zoning". Non-conforming 
uses are permitted to continue subject to the provisions of Chapter 
8 of Article 30, titled "Non-Conformance". 



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Ord. 98-327 1 997- 1 998 SESSION 



e. Non-Complying 

A non-complying use, as set forth in Chapter 8 of Article 30 of the 
Baltimore City Code, titled, "Zoning", is any lawfully existing 
structure that does not comply with the bulk regulations of the 
zoning district in which it is located. These noncomplying uses are 
permitted to continue subject to the provisions of Chapter 8. In 
addition, a non-complying use, when that term is used in the Plan, 
is any lawfully existing use of a building, structure, or of land that 
does not comply with the land use regulations of the Plan. These 
non-complying uses are permitted to continue for an indefinite 
period of time, except that: 

(1) any non-complying land use which is discontinued for a period 
exceeding 12 months may not be reestablished. 

(2) no change in the permanent physical members of a structure, 

such as bearing walls, columns, beams, or girders, and no 
substantial change in the roof or in the exterior walls may be 
made in or to a building or structure except those required by 
law or except to make the building and its use conform to the 
regulations of the Plan; and 

(3) a non-complying land use may not be changed to any other non- 

complying land use. 

Section 4. And be it further ordained, That it may be necessary 
to acquire by purchase or by condemnation, for urban renewal purposes, the 
fee simpl e interest or any l e sser int e r e st in and to prop e rties in the project 
area not specifically designated for acquisition as may be deemed necessary 
and prop e r by the Commissioner of the D e partment of Housing and 
Community Development to effect the proper impl e mentation of the project. 
These properties may include: 

1 . Non salvables 

Any property in ar e as designated for rehabilitation containing a 
non s alvable structure, i.e., a s tructure which, in the opinion of the 
Commissioner of the Department of Housing and Community 
Development, cannot be economically rehabilitat e d. 

2. Non compliance with Property Rehabilitation Standards 



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1 997- 1 998 Session Ord. 98-327 



Any property in th e project area may be acquired by the Mayor and 
City Council of Baltimore if 12 months hav e e lapsed sinc e r e c e ipt 
by the owner of th e property of any initial notic e from the Health 
Department of Baltimore City, Fire D e partment of Baltimore City, 
or th e Department of Housing and Community Development 
requiring, with respect to the property, compliance with the 
provisions of any ordinance or regulation of the City of Baltimore 
or with the property rehabilitation standards set forth in Section 7 of 
this Ordinance, and the requirem e nts set forth in the notice have not 
been met. That over and above the codes and ordinances of the 

City, the following additional standards apply to all properties in the project 

area, whether occupied or vacant: 

a. Windows 

(1) Windows not visible from the street shall be kept properly 
repaired or, with Fire Department approval, may be closed, in 
which case sills, lintels and frames must be removed and the 
opening properly closed to match the material, design and 
finish of the adjacent wall. 

(2) All windows must be tight-fitting and have sashes of prop er 
size and design. Sashes with rotten wood, broken joints or 
loose mullions or muntins must be replaced. All broken and 
missing windows and glass blocks must be replaced with glass 
or other approved glazing. All exposed wood must be repaired 
and painted. 

(3) Window openings in upper floors of the front or sides of the 
building facing streets may not be filled or boarded up. 
Windows in unused areas of the upper floors may be backed by 
a solid surface on the inside of the glass. Window panes may 
not be painted. Replacement windows, frames, or sashes must 
fit existing or historic masonry openings. 

(4) Shutters may be provided on windows above the first floor 
level on the front of buildings. They must be fixed to the wall 
by either a metal latch or a wood device or be held permanently 
"open" (fastened to the wall). 



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Ord. 98-327 1997-1998 Session 



b. Building Fronts and Sides Abutting Streets 

(1) All defective structural and decorative elements of building 
fronts and sides abutting streets must be repaired or replaced in 
a workmanlike manner to match as closely as possible the 
original materials and construction of that building. All 
damaged, sagging, or otherwise deteriorated store fronts, show 
windows, or entrances must be repaired or replaced. 

(2) All cornices, upper floor windows, and all other portions of a 
building containing wood trim must be made structurally 
sound. Rotten or weakened portions must be removed, 
repaired, or replaced to match as closely as possible the 
original patterns. All exposed wood must be painted or stained, 
or otherwise treated for protection. 

(3) Store fronts 

(a) A store front, as a part of the building facade, includes: 

(1) the building face, windows, and the entrance area 
leading to the door; 

(2) the door, sidelights, transoms, display platforms, and 
devices including lighting and signing designed to be 
viewed from the public right-of-way or visible to the 
public prior to entering the interior portion of the 
structure. 

(b) Store front windows, entrances, signs, lighting, sun 
protection, security grilles, etc., must be compatible, 
harmonious, and consistent with the original scale and 
character of the structure. All store front elements must be 
located below the second floor window sills. 

(c) Enclosures and housings for security grilles and screens 
must be as inconspicuous as possible and compatible with 
other elements of the facade. 

(d) All exposed portions of the grille, screen, or enclosure that 
are normally painted and all portions that require painting 
to preserve, protect, or renovate the surface must be 
painted. Nonmetal grilles and screens are prohibited. 



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1 997- 1 998 Session Ord. 98-327 



(e) All screens and grilles protecting entrances and store front 
windows must be constructed so they can be opened or 
removed. Screens and grilles must be opened or removed 
during the normal business hours of that business. 

(f) No temporary or permanent sign affixed or placed against 
the inside surface of a store front window may exceed 
40% of the area of that store front window. 

(g) Decals one square foot or less in area may be affixed to 
store front windows or entrance door windows. 

(4) Solid or permanently enclosed or covered store fronts are not 
permitted, unless treated as an integral part of the building 
facade using wall materials and window detailing compatible 
with the upper floors. 

(5) Awnings 

(a) Soft awnings of appropriate material are permitted over the 
first floor. They must be appropriately scaled and located 
to compliment the building facade. 

(b) Adjacent store fronts of different businesses and owners 
may not share the same awning. 

(c) Fixed awnings may not project more than 3/4 of the 
sidewalk width from the building front, may not rest on 
sidewalk, and must otherwise conform with the provisions 
of City ordinances. 

(d) Signage applied to awnings is restricted to business name 
or logo and street numbers. Lettering must be sized and 
located to compliment the awning. 

(e) Awning colors and lighting must compliment the colors of 
the building facade. 

(f) Awnings must terminate against the building at a height not 
to exceed one inch below the second floor window sill. 

(6) Adjoining buildings used by the same occupant must be 
rehabilitated in a unified and harmonious manner. Where 



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Ord. 98-327 1 997- 1 998 Session 



feasible, each building must be rehabilitated and repaired with 
similar materials and in a manner consistent with the original 
construction techniques. 

(7) All exterior front or side walls that have not been wholly or 
partially resurfaced or built over must be repaired and cleaned 
or painted in an acceptable manner. Brick walls must be 
pointed where necessary. Painted masonry walls must have 
loose material removed and be painted a single color except for 
trim, which may be other colors. Day-glo and fluorescent 
colors are not permitted. Patched walls must match the 
existing adjacent surfaces as to materials, color, bond, and 
joining. 

(8) Any applied facing material or resurfacing material are not 
permitted. Examples are siding, formstone, stucco, or wood 
paneling. 

(9) Dormer windows on roofs sloping toward the shopping street 
must be treated in accordance with the same criteria as building 
fronts. 

(10) Existing miscellaneous elements on the building fronts, such 
as empty electrical or other conduits, unused sign brackets, etc., 
must be removed. 

(11) Gutters and downspouts must be repaired or replaced as 
necessary and must be neatly located and securely installed. 
Gutters and downspouts must be painted to harmonize with the 
other building front colors. 

c. Rear and Side Walls 

Rear and side walls, whether new or existing, must be repaired and 
painted or cleaned and repainted to present a neat and fresh 
appearance. Walls must be painted to cover evenly all 
miscellaneous patched and filled areas or be stuccoed to present an 
even and uniform surface. 

d. Roofs 

(1) Chimneys, elevator penthouses, or any other auxiliary 
structures on the roofs must be repaired and cleaned as 



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1 997- 1 998 Session Ord. 98-327 



required for rear and side walls. Any construction visible from 
the street or from other buildings must be finished so as to be 
consistent with other visible building walls. 

(2) Any new mechanical equipment placed on a roof must be 
located so as to be hidden from view from the streets and to be 
as inconspicuous as possible from all viewpoints. New 
equipment must be screened with suitable elements of a 
permanent nature and finished so as to harmonize with the rest 
of the building. Where screening is infeasible, equipment must 
be installed in a neat, presentable manner and must be painted 
in such a manner as to minimize its visibility. 

(3) Television and radio antennae must be located so as to be as 
inconspicuous as possible. 

(4) Roofs must be kept free of trash, debris, or any other element 
that is not a permanent part of the building or a functioning 
element of its mechanical or electrical system. 

(5) Roof decks and other related structures must be set back from 
the front edges so as not to be seen from sight lines directly 
across the street at street level. 

e. Auxiliary Structures 

Structures at the rear of buildings, attached or unattached to the 
principal structure, that are structurally deficient, must be properly 
repaired or demolished. 

f. Rear Yards 

Where a rear yard exists, the owner must condition the open area in 
one of two ways: 

( 1 ) Enclosure of yards: 

A rear yard may be enclosed along side and rear property lines 
by a finished masonry wall, wood or picket fence, or coated 
chain-linked fence. Solid doors or solid gates may be used to 
the extent necessary for access and delivery. Walls or fences 
may not be more than 6 feet in height. Use of barbed wire or 
broken glass on top of walls is not permitted. 



301 



Ord. 98-327 1 997- 1 998 Session 



(2) Provision of parking area: 

An unenclosed rear yard may be used as a parking or loading 
area if it is properly paved, illuminated, and maintained. A 
sign not exceeding 6 square feet may be used to identify and 
control parking and loading. The building occupant is 
responsible for maintenance of the parking area in a neat and 
clean manner. No storage of trash containers is allowed in this 
area, except when housed in permanent structures of acceptable 
design. 

g. Exterior Signs 

(1) All lighting and electrical elements such as wires, conduits, 
junction boxes, transformers, ballasts, switches, and panel 
boxes must be concealed from view as much as possible. 

(2) One overhanging sign, up to 6 square feet in size, is permitted 
per building. It may not project more than 4 feet from the 
building face. The sign must be mounted lower than the 
second floor window sills or 13 feet above grade, whichever is 
lower. Discreet spotlighting is permitted, but internal 
illumination is prohibited. 

(3) Flat signs must be placed parallel to the building face, may not 

project more than 12 inches from the surface of the building, 
and may not exceed in area 3 times the width in feet of the 
frontage of the building. In the case of corner properties, each 
facade is to be calculated separately as to size allowed for each. 
Flat signs must be placed no higher than the bottom of the 
second story window where windows exist or 1 3 feet above 
grade level, whichever is lower. 

(4) Signs painted on vertical building surfaces or use of separate 
cutout letters are permitted in accordance with the above limits 
for flat signs. Existing signs may remain. 

(5) Non-illuminated secondary signs are permitted for the tenants 
occupying the upper floors of a building. These signs may not 
exceed 2 square feet in area, may not project more than 1 inch 
beyond the surface of the building, and may not be placed 
higher than 13 feet above grade level. 



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1 997- 1 998 Session Ord. 98-327 



(6) Roof top signs, signs above the parapet of a building, 
billboards, or outdoor advertising signs painted or mounted on 
structures other than billboards are not permitted. 

(7) Painted or inlaid signs on cloth awnings are permitted, as per 
subsection b.(5)(d) of this section. 

(8) Flashing or moving signs other than barber poles are not 
permitted. 

(9) All temporary signs, including streamers, banners, pennants, 
bunting, etc., are not permitted except as provided in this Plan 
or as otherwise authorized by the Department of Housing and 
Community Development for temporary purposes not 
exceeding thirty days. 

(10) No free standing signs are permitted. 

h. Outdoor Seating 

Outdoor table service, when accessory to a principal use, is a 
conditional use in the B-2 and B-3 Zoning Districts requiring the 
review and approval of the Board of Municipal and Zoning Appeals 
(BMZA). A minor privilege permit may also be required. The 
BMZA has the authority to impose certain conditions for the 
approval of such seating. For the purposes of this Plan, the 
following guidelines and criteria must be used to evaluate all 
conditional use and minor privilege applications as to their 
conformance with the objectives of this Plan. 

(DA plan and elevation showing layout and design of seating area 
must be submitted to the Department of Housing and 
Community Development and the Department of Public Works 
along with all applications for permits. 

(2) A 6-foot public walkway must be maintained, and all tables and 
chairs must be at sidewalk level. 

(3) The extension of side property lines must be adequately defined 
so as not to permit encroachment on adjoining property. The 
defining material may not be any higher than 4 feet. 

(4) Sight lines to adjoining properties must be preserved. 

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Ord. 98-327 1 997- 1 998 Session 



i. Walk-up Windows 

Walk-up windows are not permitted unless otherwise authorized by 
the Department of Housing and Community Development. 

i. Screening of Private Parking Lots 

If the parking area is greater than 4 spaces, the area must be 
effectively screened with fencing, landscaping or a combination 
thereof. Uncoated chain link fencing is not acceptable. The height 
of the screening must be between 2 and 4 feet. 

k. Period of Compliance 

( 1 ) All work necessary to meet the rehabilitation standards 
applicable to the South Baltimore Business Area must be 
completed within 2 years from the effective date of this Plan. 
After enactment of this Plan, no work, alterations, or 
improvements may be undertaken that do not conform with its 
requirements. However, the Commissioner of the Department 
of Housing and Community Development may waive 
compliance with one or more of the standards if the waiver is 
determined by the Commissioner not to adversely affect the 
Plan objectives for the South Baltimore Business Area. 

(2) With regard to waiver decisions affecting business properties 
within the Plan's boundaries, the Commissioner may be 
advised by the South Baltimore/Federal Hill Marketplace 
Business Association or its successor. In making decisions 
regarding the granting of waivers for residential properties 
within the Plan's boundaries, the Commissioner may be 
advised by the appropriate neighborhood organizations in the 
area. All recommendations to the Commissioner must be made 
within 30 days of the filing of the waiver request with the 
Department of Housing and Community Development. 

(3) Nothing in the Plan may be construed to permit any sign, 
construction, alteration, change, repair, use, or any other matter 
otherwise forbidden or restricted or controlled by any other 
public law. 

Section 5. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, or any person 



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1 997- 1 998 Session Ord. 98-327 



d e signated by the Board of Estimat e s, and in any mann e r d e signated by th e 
Board of Estimat e s in the exercise of th e power vested in it by Article V, § 5 
of th e Baltimore City Chart e r, is authoriz e d to acquir e on b e half of th e 
Mayor and City Council, for th e purposes d e scrib e d in this Ordinanc e , th e 
fe e simple inter e st or any lesser int e r e st in any prop e rty or portion of 
prop e rty described in Section 4 of this Ordinanc e . If th e Division or p e rson 
is unable to agr ee with the own e r on the purchase price of the property or 
portion of property, th e Division or person must notify the City Solicitor 
who shall institute the necessary legal proceedings to acquire the fe e simple 
or less e r int e r e st in the prop e rty by condemnation. That the procedures for 
the review of rehabilitation plans are as follows: 

a. Designs for all building improvements, modifications, repair, 

rehabilitation, or painting concerning the exterior of the existing 
buildings, their yards, their store fronts, or their outside seating, and 
for all signs and awnings, must be submitted to the Commissioner 
of the Department of Housing and Community Development and 
the Department of Public Works, and written approval by the 
Department of Housing and Community Development is required 
before proceeding with the work. 

b. The Commissioner of the Department of Housing and Community 
Development and the Director of the Department of Public Works 
shall be concerned with all aspects of the designs affecting exterior 
appearance and in particular with the following: 

1 . Design of store front and entrance area, including choice of 

materials and types of security devices; 

2. Design of signs, methods of illumination, colors, materials, 
methods of suspension; 

3. Conditioning of rear yard spaces; location of delivery signs; 

4. Design of awnings, canopies, and outside seating; 

5. All other exterior materials and colors; and 

6. Compatibility of new construction as to scale, color, materials, 
and signing. 

c. The Commissioner's review must be guided by the property 

rehabilitation standards which, in general, provide that the original 



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Ord. 98-327 1 997- 1 998 Session 



design of buildings must be retained or restored, and that new 
elements must be harmonious with existing elements of the same 
property and with adjacent properties. 

Section 6. And be it further ordained, That upon acquisition of 
any of the property described in Section A of this Ordinance, th e Department 
of Housing and Community Development must do one of th e following: 

1 ; Rehabilitate the property in conformance with the codes and 

ordinances of Baltimore City and the rehabilitation standards and 
obj e ctives set forth in this Plan and dispose of property in 
accordanc e with applicable regulations. If sale cannot be 
consummated by the time rehabilitation is accomplished, units must 
be rented pending continuing sale e fforts. 

2. Sell or lease the property subject to rehabilitation in conformance 

with the codes and ordinances of Baltimore City and the 
rehabilitation standards and objectives set forth in this Plan. 

3. Demolish the structure or structures and dispose of land for 

redevelopment for uses consistent with this Plan. That it may be 
necessary to acquire by purchase or by condemnation, for urban renewal 
purposes, the fee simple interest or any lesser interest in and to properties in 
the project area not specifically designated for acquisition as may be 
deemed necessary and proper by the Commissioner of the Department of 
Housing and Community Development to effect the proper implementation 
of the project. These properties may include: 

1 . Non-salvables 

Any property in areas designated for rehabilitation containing a 
non-salvable structure, i.e., a structure which, in the opinion of the 
Commissioner of the Department of Housing and Community 
Development, cannot be economically rehabilitated. 

2. Properties not in compliance with Property Rehabilitation Standards 

Any property in the project area may be acquired by the Mayor and 
City Council of Baltimore if 12 months have elapsed since receipt 
by the owner of the property of any initial notice from the Health 
Department of Baltimore City, Fire Department of Baltimore City, 
or the Department of Housing and Community Development 
requiring, with respect to the property, compliance with the 



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1 997- 1 998 Session Ord. 98-327 



provisions of any ordinance or regulation of the City of Baltimore 
or with the property rehabilitation standards set forth in Section 4 of 
this Ordinance, and the requirements set forth in the notice have not 
been met. 

Section 7. And be it further ordained, That over and abov e the 
codes and ordinances of th e City, th e following additional standards apply 
to all properties in th e project area, whether occupied or vacant: 

a. Windows 

(1) Windows not in the front of the buildings or on sides facing 
streets must be kept properly repaired or, with Fire Department 
approval, may be closed, in which case sills, lintels, and frames 
must b e removed and the opening properly closed to match the 
material, design, and finish of the adjacent wall. 

(2) All windows must be tight fitting and have sashes of proper 
siz e and design. Sashes with rotten wood, broken joints or 
loose mullions or muntins must be replaced. All broken and 
missing windows and glass blocks must be replaced with glass 
or other approved glazing. All expos e d wood must be repaired 
and painted. 

(3) Window openings in upper floors of the front or sides of the 
building facing str e ets may not be filled or boarded up. 
Windows in unused areas of the upp e r floors may be back e d by 
a solid surface on the inside of th e glass. Window panes may 
not be painted. Replacement windows, frames, or sashes must 
fit existing or historic masonry openings. 

(4) Shutters may be provided on windows above th e first floor 
lev e l on the front of buildings. They must be fixed to th e wall 
by either a metal latch or a wood device or b e h e ld permanently 
"open" (fastened to the w f all). 

b. Building Fronts and Sides Abutting Streets 

(1) All defective structural and decorative e lem e nts of building 
fronts and sides abutting stre e ts must be repaired or r e placed in 
a workmanlike manner to match as closely as possible the 



307 



Ord. 98-327 1997-1998 SESSION 



original materials and construction of that building. All 
damaged, sagging, or otherwise deteriorated store fronts, show 
windows, or entrances must be repaired or replaced. 

(2) All cornic e s, upper floor windows, and all other portions of a 
building containing wood trim must be made structurally 
sound. Rotten or weakened portions must bo removed, 
repaired, or r e placed to match as clos e ly as possible the 
original patterns. All exposed wood must be painted or stained, 
or otherwise treated for protection. 

(3) Store fronts 

(a) A store front, as a part of the building facade, includes: 

(1) the building face, windows, and the entranc e area 
leading to the door; 

(2) the door, sidelights, transoms, display platforms, and 
devices including lighting and signing designed to be 
viewed from the public right of way or visible to the 
public prior to entering the interior portion of the 
structure. 

(b) — Store front windows, entrances, signs, lighting, sun 
protection, security grilles, etc., must be compatible, 
harmonious, and consistent with the original scale and 
character of the structure. All stor e front elements must be 
located below the second floor window sills. 

(c) Enclosures and housings for security grilles and screens 
must be as inconspicuous as possible and compatible with 
other elements of the facade. 

(d) All exposed portions of the grille, screen, or enclosure that 
ar e normally painted and all portions that require painting 
to preserve, protect, or renovate the surfac e must b e 
painted. Nonmetal grilles and screens ar e prohibited. 

(e) All screens and grilles protecting entranc e s and store front 
windows must be constructed so they can be opened or 
removed. Screens and grill e s must be opened or removed 
during the normal busin e ss hours of that business. 



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1 997- 1 998 Session Ord. 98-327 



(f) No temporary or permanent sign affixed or placed against 
the inside surface of a store front window may exce e d 
4 0% of the area of that store front window. 

(g) — D e cals one square foot or less in area may be affixed to 
store front windows or entrance door windows when they 
ar e supplied by credit card companies and carry no text or 
m e ssage other than th e identification of the companies. 

(4) Solid or permanently enclos e d or covered store fronts are not 
permitted, unl e ss treated as an integral part of the building 
facad e using wall materials and window detailing compatibl e 
with the upper floors. 

(5) Aw f nings 

(a) Soft awnings of appropriate material ar e permitted over th e 
first floor. They must b e appropriately scaled and located 
to compliment the building facad e . 

(b) Adjacent store fronts of different businesses and different 
business owners may not share the same aw f ning. 

(c) Fixed awnings may not project more than 3/4 of the 
sidewalk width from the building front, may not rest on 
sidewalk, and must otherwis e conform with the provisions 
of City ordinanc e s. 

(d) Signage applied to awnings is restricted to business name 
or logo and street numbers. Lettering must be sized and 
located to compliment the awning. 

(e) Awning colors and lighting must compliment the colors of 
the building facade. 

(f) Awnings must terminate against the building at a h e ight not 
to exceed one inch below the second floor window sill. 

(6) Adjoining buildings used by the same occupant must be 
rehabilitated in a unified and harmonious manner. Where 
feasible, each building must be rehabilitat e d and repaired with 
similar materials and in a manner con s istent with th e original 
construction techniques. 



309 



Ord. 98-327 1997-1998 Session 



(7) All exterior front or side walls that have not been wholly or 
partially resurfaced or built over must bo repaired and cleaned 
or painted in an acceptable manner. Brick walls must be 
pointed where necessary. Painted masonry walls must have 
loose material removed and be painted a single color except for 
trim, which may be other colors. Day glo and fluorescent 
colors are not permitted. Patched walls must match the 
existing adjacent surfaces as to materials, color, bond, and 
joining. 

(8) Any applied facing material or resurfacing material are not 
permitted. Examples are siding, formstone, stucco, or wood 
paneling. 

(9) Dormer windows on roofs sloping toward the shopping street 
must be treated in accordance with the same criteria as building 
fronts. 

(10) Existing miscellaneous elements on th e building fronts, such 
as e mpty electrical or other conduits, unused sign brackets, etc., 
must be removed. 

(11) Gutters and downspouts must be repaired or replaced as 
nec e ssary and must be neatly located and securely installed. 
Gutters and downspouts must be painted to harmonize with th e 
other building front colors. 

c. Rear and Side Walls 

(1) Rear and sid e walls, whether n e w or existing, must be repair e d 
and painted or cleaned and r e painted to present a neat and fresh 
appearance. Walls must be painted to cover evenly all 
miscellaneous patched and filled areas or be stuccoed to 
present an even and uniform surface. 

(2) Walls, where visible from any of the streets, must be finished 
or painted so as to be consistent with the front of the building. 

d. Roofs 

(1) Chimneys, elevator penthouses, or any oth e r auxiliary 
structures on th e roofs must be repair e d and cleaned as 
required for rear and side walls. Any construction visibl e from 



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1 997- 1 998 Session Ord. 98-327 



the str e et or from oth e r buildings must b e finished go as to b e 
consistent with oth e r visible building walls. 

(2) Any n e w mechanical equipment placed on a roof must b e 
locat e d so as to be hidden from view from th e str e ets and to be 
as inconspicuous as possibl e from all viewpoints. New 
e quipm e nt must b e scre e ned with suitabl e elements of a 
permanent nature and finished so as to harmoniz e with the r e st 
of the building. Where screening is infeasibl e , equipment must 
b e installed in a neat, presentable manner and must b e paint e d 
in such a manner as to minimize its visibility. 

(3) Television and radio antennae must be located so as to be as 
inconspicuous as possible. 

(4) Roofs must b e k e pt free of trash, debris, or any oth e r element 
that is not a permanent part of the building or a functioning 
element of its mechanical or electrical system. 

(5) Roof decks and other related structures must be set back from 
the front edges so as not to be seen from sight lines directly 
across th e street at street level. 

e . Auxiliary Structures 

Structures at the rear of buildings, attach e d or unattach e d to th e 
principal structure, that ar e structurally deficient, must b e properly 
repaired or demolish e d. 

f. Rear Yards 

Wh e re a rear yard e xists, the owner must condition th e op e n area in 
one of two ways: 

( 1 ) Enclosure of yards : 

A rear yard may be enclosed along side and r e ar property lines 
by a finish e d masonry wall, wood or picket fence, or coated 
chain linked fence. Solid doors or solid gates may be used to 
the extent nec e ssary for access and deliv e ry. Walls or f e nces 
may not be more than 6 feet in height. Us e of barbed wire or 
broken glass on top of walls is not permitted. 



311 



Ord. 98-327 1 997- 1 998 Session 



(2) Provision of parking area: 

An un e nclosed rear yard may be used as a parking or loading 
area if it is properly paved, illuminated, and maintained. A 
sign not exceeding 6 squar e feet may be used to identify and 
control parking and loading. The building occupant is 
responsible for maintenance of the parking area in a neat and 
clean manner. No storage of trash containers is allowed in this 
area, exc e pt when housed in permanent structures of acceptable 
design. 

g. Ext e rior Signs 

(1) No signs are permitted other than those identifying the property 
where they are installed or identifying the use conducted on the 
property. 

(2) All lighting and electrical elements such as wires, conduits, 
junction boxes, transformers, ballasts, switches, and panel 
boxes must be concealed from view as much as possible. 

(3) One overhanging sign, up to 6 square feet in size, is p e rm itted 
per building. It may not project more than 4 feet from the 
building face. The sign must be mounted lower than the 
second floor w r indow f sills or 13 feet above grade, whichever is 
low r er. Discreet spotlighting is permitted, but internal 
illumination is prohibited. 

(4) Rat signs must be plac e d parallel to the building face, may not 

project mor e than 12 inches from th e surface of th e building, 
and may not exceed in area 3 times the width in feet of the 
frontage of the building. In the case of corn e r properties, each 
facade is to be calculated separately as to size allowed for each. 
Flat signs must be placed no higher than the bottom of the 
second story window w r here windows exist or 1 3 feet abov e 
grade level, whichever is lower. Signs identifying the occupant 
are permitted at rear entrance doors but may not exceed 6 
square feet in size, exc e pt as otherwise authorized by the 
Department of Housing and Community Development. 

(5) Signs painted on vertical building surfaces or us e of separate 

cutout letters are permitted in accordance with the above limits 



312 



1 997- 1 998 Session Ord. 98-327 



for flat signs. Existing signs may remain, provided they 
indicate only the current business at that location. 

(6) Non illuminated s e condary sign are p e rmitt e d for th e 
identification of comm e rcial tenants occupying the upper floors 
of a building. These signs may not exceed 2 square feet in 
area, may not proj e ct mor e than 1 inch beyond th e surface of 
the building, and may not be placed higher than 1 3 f e et above 
grade level. 

(7) Roof top signs, signs above th e parapet of a building, 
billboards, or outdoor advertising signs painted or mounted on 
structures other than billboards ar e not permitted. 

(8) Paint e d or inlaid signs on cloth awnings are permitt e d, as p e r 
subsection b.(5)(d) of this section. 

(9) Flashing or moving signs other than barb e r pol e s are not 
permitted. 

(10) All temporary signs, including streamers, banners, pennants, 
bunting, etc., are not p e rmitt e d e xcept as provided in this Plan 
or as oth e rwis e authorized by the D e partment of Housing and 
Community Development for temporary purposes not 
exceeding thirty days. 

(11) No free standing signs are permitted. 

h. Outdoor Seating 

Outdoor table service, wh e n acc e ssory to a principal use, is a 
conditional use in the B 2 and B 3 Zoning Districts requiring the 
r e view and approval of the Board of Municipal and Zoning Appeals 
(BMZA). A minor privil e g e p e rmit may also b e required. Th e 
BMZA has th e authority to impose c e rtain conditions for the 
approval of such seating. For the purposes of this Plan, the 
following guidelines and criteria must be used to evaluat e all 
conditional use and minor privilege applications as to their 
conformanc e with th e objectives of this Plan. 

(1) A plan and e levation showing layout and design of s e ating area 
must be submitt e d to HCD along with all applications for 
p e rmits. 



313 



Ord. 98-327 1 997- 1 998 Session 



(2) A 6 foot public walkway must be maintained, and all tables and 
chairs must b e at sid e walk level. 

(3) Th e extension of side property lines must be adequately defined 
so as not to permit encroachment on adjoining property. The 
defining material may not be any higher than 4 feet. 

(4) Sight lines to adjoining properties must be preserved. 

i. Walk up Windows 

Walk up windows are not permitted unless otherwise authorized by 
the Department of Housing and Community Development. 

j. Screening of Private Parking Lots 

If the parking area is greater than 4 spaces, the area must be 
effectively screened with fencing, landscaping or a combination 
thereof. Uncoat e d chain link fencing is not acceptable. The height 
of the scr e ening must be between 2 and 4 fe e t. 

k. Demolition 

(1) A permit for demolition must be issued or denied by the City 
within 45 days of the application date. If issuance or denial 
does not occur in 45 days, a permit must automatically be 
granted. 

(2) Within one week of application for a permit for demolition: 

(a) the owner must post the property for 1 4 consecutive days 
with a 2 foot by 2 foot sign, promin e ntly displayed on the 
front of the building, stating the intention to raze the 
building and specifying when the work is intended to 
begin; and 

(b) the City must give written notification to all recognized 

community organizations in the South Baltimore Business 
Area. 

( 4 ) Within 30 days of comm e ncement of d e molition, all debris 
must be remov e d, and the lot graded. 



314 



1 997- 1 998 Session Ord. 98-327 



(5) Immediat e ly following demolition clean up, a lot left vacant by 
th e removal of the principal structure must b e f e nc e d as 
follows: 

(a) the str e et frontage of a vacant lot must b e screen e d by a 
masonry wall, wood, or picket fenc e with a minimum 
height of 48 inch e s; and 

(b) non street frontag e must be delineated by chain link 
fencing with a minimum h e ight of 42 inches. 

(6) All vacant lots and f e ncing must be well maintained and fre e of 
trash and d e bris. 

1. Period of Compliance 

(1) All work necessary to me e t the rehabilitation standards 
applicable to the South Baltimor e Business Area must be 
completed within 2 years from the effective date of this Plan. 
After enactment of this Plan, no work, alterations, or 
improvements may be undertaken that do not conform with its 
requir e ments. However, the Commissioner of the Department 
of Housing and Community Developm e nt may waive 
compliance with one or more of the standards if the waiver is 
determined by th e Commissioner not to adversely affect the 
Plan objectives for the South Baltimor e Busin e ss Area. 

(2) With regard to waiver decisions affecting business properti e s 
within the Plan's boundaries, the Commissioner may be 
advised by the South Baltimore/Federal Hill Marketplace 
Business Association or its successor. In making decisions 
r e garding the granting of waivers for residential properti e s 
within the Plan's boundari e s, the Commissioner may b e 
advised by the appropriate neighborhood organizations in th e 
area. All recommendations to the Commissioner must b e mad e 
within 30 days of the filing of the waiv e r request with the 
D e partment of Housing and Community D e velopment. 

(3) Nothing in the Plan may be construed to permit any sign, 
construction, alteration, change, repair, use, or any oth e r matter 
otherwis e forbidden or r e stricted or controlled by any other 
public law. 



315 



Ord. 98-327 1 997- 1 998 Session 



m. New Construction within the Project Area 

Any plans for n e w construction on any property within the project 
area must b e submitted to the Department of Housing and 
Community Development for review, which may include 
presentations before the Department's Design Advisory Panel. 
Upon finding that the proposed plans are consistent with the 
objectives of the urban renewal plan, the Commissioner of the 
Department of Housing and Community Development must 
authorize the processing of the plans for issuance of a building 
p e rmit. The provisions of this section ar e in addition to, and not in 
lieu of, all other applicable laws and ordinances relating to new 
construction. That upon acquisition of any of the property described 

in Section 6 of this Ordinance, the Department of Housing and Community 

Development must do one of the following: 

1 . Rehabilitate the property in conformance with the codes and 

ordinances of Baltimore City and the rehabilitation standards and 
objectives set forth in this Plan and dispose of property in 
accordance with applicable regulations. If sale cannot be 
consummated by the time rehabilitation is accomplished, units must 
be rented pending continuing sale efforts. 

2. Sell or lease the property subject to rehabilitation in conformance 

with the codes and ordinances of Baltimore City and the property 
rehabilitation standards and objectives set forth in this Plan. 

3. Demolish the structure or structures and dispose of land for 

redevelopment for uses consistent with this Plan. 

Section 8. And be it further ordained, That the procedures for 
th e r e view of rehabilitation plans are as follows: 

a. Designs for all building improvements, modifications, repair, 
r e habilitation, or painting concerning the exterior of the existing 
buildings, their yards, their store fronts, or their outside seating, and 
for all signs and awnings, must be submitted to the Commissioner 
of the Department of Housing and Community Developm e nt, and 
written approval by the Department is required before proceeding 
with the work. 



316 



1 997- 1 998 Session Ord. 98-327 



b. The Commission e r of the D e partment of Housing and Community 
Developm e nt shall be conc e rn e d with all asp e cts of the d e signs 
aff e cting ext e rior appearance and in particular with the following: 

4i — Design of store front and entrance area, including choice of 
materials and types of security devices; 

2. Design of signs, methods of illumination, colors, mat e rials, 
methods of suspension; 

3. Conditioning of rear yard spaces; location of delivery signs; 

4 . Design of awnings, canopies, and outside seating; 

5. All oth e r exterior materials and colors; and 

6. Compatibility of new construction as to scale, color, materials, 
and signing. 

c. Th e Commissioner's r e view must b e guided by the property 

rehabilitation standards which, in general, provid e that the original 
design of buildings must be retained or restored, and that new 
elements must b e harmonious with existing elements of th e same 
prop e rty and with adjacent prop e rti e s. That the Real Estate 
Acquisition Division of the Department of the Comptroller, or any person 
designated by the Board of Estimates, and in any manner designated by the 
Board of Estimates in the exercise of the power vested in it by Article V, § 5 
of the Baltimore City Charter, is authorized to acquire on behalf of the 
Mayor and City Council, for the purposes described in this Ordinance, the 
fee simple interest or any lesser interest in any property or portion of 
property described in Section 6 of this Ordinance. If the Division or person 
is unable to agree with the owner on the purchase price of the property or 
portion of property, the Division or person must notify the City Solicitor 
who shall institute the necessary legal proceedings to acquire the fee simple 
or lesser interest in the property by condemnation. 

Section 9. And be it further ordained. That all plans for new 
construction on any property within the project area must be submitted to 
the Department of Housing and Community Development for review, which 
may include presentations before the Department's Design Advisory Panel. 
Upon finding that the proposed plans are consistent with the objectives of 
the urban renewal plan, the Commissioner of the Department of Housing 
and Community Development must authorize the processing of the plans for 



317 



Ord. 98-327 1997-1998 SESSION 



issuance of a building permit. The provisions of this section are in addition 
to, and not in lieu of, all other applicable laws and ordinances relating to 
new construction. 

Section 10. And be it further ordained. That all applications for 
demolition permits shall be submitted to the Department of Housing and 
Community Development for review and approval. Upon finding that the 
proposed demolition is consistent with the objectives of the Urban Renewal 
Plan, the Commissioner of the Department of Housing and Community 
Development shall authorize the issuance of the necessary permit. If the 
Commissioner finds that the proposal is inconsistent with the objectives of 
the Urban Renewal Plan and therefore denies the issuance of the permit, the 
Commissioner shall, within 90 days of such denial, seek approval of the 
Board of Estimates to acquire for and on behalf of the Mayor and City 
Council of Baltimore the property, in whole or in part, on which said 
demolition was to have occurred by purchase, lease, condemnation, gift or 
other legal means for the renovation, rehabilitation and disposition thereof. 
In the event that the Board of Estimates does not authorize the acquisition, 
the Commissioner shall, without delay, issue the demolition permit. 

a. Within one week of application for a permit for demolition: 

(1) the owner must post the property for 14 consecutive days 
with a 2-foot by 2-foot sign, prominently displayed on the 
front of the building, stating the intention to raze the 
building and specifying when the work is intended to 
begin; and 

(2) the City must give written notification to all recognized 

community organizations in the South Baltimore Business 
Area. 

b. Within 30 days of commencement of demolition, all debris must 

be removed, and the lot graded. 

c. Immediately following demolition clean-up, a lot left vacant by 

the removal of the principal structure must be fenced as 
follows: 

(1) the street frontage of a vacant lot must be screened by a 
masonry wall, wood, or picket fence with a minimum 
height of 48 inches; and 



318 



1 997- 1 998 Session Ord. 98-327 



(2) non-street frontage must be delineated by chain link 
fencing with a minimum height of 42 inches. 

d. All vacant lots and fencing must be well maintained and free of 
trash and debris. 

Section 11. And be it further ordained. That the approval of the 
Urban Renewal Plan for the South Baltimore Business Area shall not be 
construed as an enactment of such amendments to the Zoning Ordinance. 

Section £ 12. And be it further ordained, That the provisions and 
requirements of this plan shall be in effect for a period of 40 years after the 
effective date of this Ordinance. 

Section 13. And be it further ordained. That procedures for 
changes in the approved plan are as follows: 

a. The urban renewal plan may be amended from time to time, 

upon compliance with the requirements of law, provided that, 
prior to the passage of any ordinance amending the urban 
renewal plan, a public hearing is held. 

b. The Department of Housing and Community Development must 

submit to the South Baltimore/Federal Hill Marketplace 
Business Association, or its successor, for its review or 
comments, all proposed amendments presented to the City 
Planning Commission by the Department of Housing and 
Community Development. Written comments must be 
submitted to the Department no later than 3 weeks after the 
amendments have been submitted to the South 
Baltimore/Federal Hill Marketplace Business Association, or 
its successor; otherwise, it is presumed the proposed changes 
are satisfactory. Prior to passage of any ordinance amending 
the urban renewal plan, a public hearing must be held and the 
South Baltimore/Federal Hill Marketplace Business 
Association, or its successor, must receive written notice, at 
least 10 days before the hearing, of the time and place of the 
hearing. 

Section 40 14. And be it further ordained, That any person who 
violates any of the provisions contained in Section 7 4 of this Ordinance is 
subject to a fine not exceeding $100, and each day's violation constitutes a 
separate offense. 



319 



Ord. 98-327 1 997- 1 998 SESSION 



Section 44 15. And be it further ordained, That in selling or 
otherwise disposing of property in the South Baltimore Business Area, the 
Department of Housing and Community Development must require that 
developers agree in writing not to discriminate in the sale, lease, use, or 
occupancy of the property developed by them against any person on the 
basis of race, religion, color, sex, or national origin. 

Section 42 16. And be it further ordained, That if the Urban 
Renewal Plan approved by this Ordinance in any way fails to meet the 
statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived, and the Urban Renewal Plan approved by 
this Ordinance is exempted from them. 

Section 43 17. And be it further ordained, That if any provision 
of this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 44 18. And be it further ordained, That if a provision of 
this Ordinance concerns the same subject as a provision of any zoning, 
building, electrical, plumbing, health, fire, or safety law or regulation, the 
applicable provisions must be construed to give effect to each. However, if 
the provisions are found to be in irreconcilable conflict, the one that 
establishes the higher standard for the protection of the public health and 
safety prevails. If a provision of this Ordinance is found to be in conflict 
with an existing provision of any other law or regulation that establishes a 
lower standard for the protection of the public health and safety, the 
provision of this Ordinance prevails, and the other conflicting provision is 
repealed to the extent of the conflict. 

Section 45 19. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 

Approved June 22, 1998 

KURT L. Schmoke, Mayor 



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